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| Age relaxation, appointment on compassionate ground granted to petitioner | | | EARLY TIMES REPORT
Jammu, May 14: Justice Mansoor Ahmed Mir in a petition filed by Manju Sharma whose husband was working as Senior Assistant in Motor Vehicles Dept died in harness on May 31, 2007, petitioner applied for appointment on compassionate grounds which was rejected, has quashed impugned order and directed respondents to consider case of petitioner for relaxation of upper age limit in terms of SRO 43 of 1994 r/w relaxation policy for her appointment on compassionate grounds. In petition filed through Adv Vipin Gandotra submitted that husband of petitioner Sanjeev Sharma working as a Senior Assistant in the Motor Vehicles Dept died in harness on May 31, 2007 leaving behind petitioner widow and five years old son? On June 30, 2007 petitioner applied before RTO Jammu for appointment on compassionate ground came to be submitted to Director General of Transport. The case of petitioner came to be processed and Secretary Transport referred her case to Commissioner/Secretary GAD who rejected proposal vide order dated July 11, 2008, observing that case is not covered under compassionate appointment rules/relaxation policy, which was challenged by petitioner. AAG Gagan Basotra appearing for state respondents filed objections, according to respondents, petitioner was overage by four years, two months and 12 days as on January 1, 2007 and so made recommendation for relaxation her upper age limit but respondent No 3 did not accede to same virtually respondents have admitted case of petitioner. Justice Mansoor Ahmed Mir after hearing both sides observed that question is whether Commissioner/Secretary GAD has passed impugned order rightly or otherwise. The order passed by the said respondent is not a speaking order and case of petitioner came to be rejected without application of mind. Even otherwise respondents were under a legal obligation to consider her case in terms of rule 7 of compassionate appointment rules (SRO 43). A communication made by Deputy Secretary to GAD to Deputy AG dated March 30, 2010 indicates that Govt has adopted relaxation policy for settlement of cases in terms of SRO 43 of 1994, since January 26, 2004, which is in place. It provides for relaxation of five years upper age limit beyond 37 years in case of widows of Govt employees and relaxation in respect of qualification for class IV posts. It also provides 5 ½ years relaxation in case of lower age limit. Admittedly in case of the petitioner relaxation required is for four years, two months and 12 days, thus case of the petitioner squarely falls within relaxation policy and refer a judgment of the Jammu & Kashmir High Court and allowed the petition and quashed the order impugned and directed the respondents to consider the case of petitioner for relaxation of her upper age limit in terms of SRO 43 of 1994 r/w relaxation policy for her appointment on compassionate grounds within three months from the date a copy of this order be served upon them by the petitioner. ---JNF
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