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2000 Supreme(J&K) 49

T.S.DOABIA, B.L.BHAT
Sajad Ahmad Mir – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: A.H. Furahi
Advocate For Respondent: M.I. Qadiri

1. When compassion is sought then reason has to take back seat. This is the sum and substance of the plea put across by the appellant Sajad Ahmad Mir, whose father died on06-03-1987.

2. The appellant/writ petitioner applied to compassionate appointment in September 1991. At that point of time, he was under age. His case was recommended to the Administrative Department for relaxation of age bar. In the meantime SRO 43 of 1994, Jammu and Kashmir {Compassionate Appointment) Rules, 1994 came into force. The claims of the appellant were declined by the Administrative Department in 1996 communication in this regard is dated: 08-06-1996. This is annexure "N" on the record of the writ petition. This makes mention on the fact that earlier also, claim of the appellant was declined. Reference is being made to earlier communication dated: 12-05-1999 and 12-07-1996. As the inter departmental correspondence which had ensured is relevant. Same is being noticed seriatum:-

i) On 26-03-1996, the view expressed was that the appellant cannot seek compassionate appointment under SRO 43;

ii) Communication dated: 12-07-1996 seeks approval for relaxation of age bar from Development Commissioner, Power Develo















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