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HC directive to appoint petitioner as teacher 8/8/2015 11:01:31 PM Early Times Report Jammu, Aug 8: High court judge Muzaffar Hussain Attar, in a petition filed by the Reehana Ashai whose father died on February 28, 1993 in a militancy related act, directed respondents to issue necessary orders within four weeks for appointment of the petitioner on compassionate grounds as General Line Teacher by giving effect to such appointment from February 4, 2002. In case respondents fail to issue necessary orders, it shall be deemed that the petitioner stands appointed on compassionate grounds as General Line Teacher in District Cadre Srinagar from February 4, 2002 and shall be given all the service benefits in accordance with the rules. Giving direction for appointment, he observed that the deviation for providing employment, in terms of Compassionate Appointment Rules, has been accepted by the courts as the purpose sought to be accomplished is of higher human value. It is the duty of the state and its authorities in a democratic system like ours to protect life, liberty and property of its citizens. This duty is not only inherent in a democratic government but is enjoined upon it by article 21 of the Constitution of India as well. When the state and its authorities, for whatsoever reason, fail to protect the life, liberty and property of its citizens, it becomes its duty to compensate the victim of such unlawful act. When a member of a family suffers terrestrial exit, which is not natural, his/her family cannot be compensated for such a loss. No amount of money or any other kind of succor can compensate the family for the loss it has suffered. In such circumstances, the government is making an effort to compensate the family and one such mode has been adopted to provide employment to one of the family member of the deceased Government employee. The respondents have applied wrong yardstick to the case of the petitioner in denying appointment to her in terms of the Rules of 1994. The compensatory provision contained in the Rules of 1994 to be given its true meaning can be done only by holding that when a family satisfies the eventuality, which is enumerated in rule 2 of the Rules of 1994, then the Government and its authorities become duty bound to follow their own rules. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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