Early Times Report
Jammu, June 13: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today said the court 'can't directly order a compassionate appointment till petitioners make a claim in this regard before the competent authority'.
The court directive came in two LPAs. One LPA seeks proper arrangements of education of daughter and son of the deceased with a further direction to investigate the matter and prosecute those responsible for his killing. The other LPA is filed by Sara, wife of Abdul Rashid Reshi, a coppersmith by profession, of Samboora, Pulwama. On August 5, 2010, he was allegedly fired upon by the 183 Bn CRPF stationed at Railway Station, Kakapora. He was hit in the head while he was closing his shop. He was admitted to hospital and was discharged on December 25, 2010 without recovery, ie in coma stage.
An FIR in this regard was registered under sections 307, 332, 148, 149, 341, 336 and 427 of RPC at police station, Pampore. SP, Awantipora, on January 4, 2011 certified that the injured was never involved in any illegal activities. On the ground that the sole bread winner was made to suffer in coma stage, writ petition was filed when the injured was alive, prying to provide him medical treatment by specialist doctors and for taking him outside the state for proper treatment on the state exchequer and to provide financial support to the victim family in the form of compensation to the tune of Rs 40 lakh and make arrangements for proper education of their children and to keep a job reserved for them in some government department and meanwhile provide them monthly pension for sustenance with dignity with a further direction to complete the investigation into the matter and prosecute the culprits. The said writ petition was filed mainly on the ground that Article 21 of the Constitution of India was violated and a person who was at peak age of earning as a coppersmith, was made to suffer at the hands of the respondents.
The bench, after hearing both the sides, observed that the writ petitioners had not approached the deputy commissioner, Pulwama, with an application seeking compassionate appointment. Hence this court cannot directly order compassionate appointment without even a claim made before the competent authority. Hence liberty is granted to the writ petitioners to approach the DC, Pulwama, seeking compassionate appointment to any one of the legal heirs and if any such application is filed the same is bound to be considered in accordance with law governing the appointment to be made on compassionate grounds, the bench directed. |
