Per : B.C. Patel, C.J.

1. The Appellant, being aggrieved of an order made by the learned Single Judge on 2.9.2002, in SWP No. 2233/2002, has preferred this appeal.

2. From the record it transpired that, Daya Ram, father of the appellant, died on 08.10.88. The appellant at the relevant time was ten years of age and a student. He passed 8th class in the year 1995 and after attaining the age of majority he applied for appointment on compassionate grounds. It is the case of the appellant that his case was recommended to extend the benefit of SRO 43, however, the Chief Engineer PWD(R&B), after considering the case of the appellant in term of the relevant rules in force, rejected the claim of the petitioner-Appellant, after holding that he was not eligible being a minor in the year 1989 or 1991, and also not qualified for appointment after a lapse of eleven years. It is against this order, that a petition was filed, inter-alia, requesting for quashing the order and also for issuance of writ of mandamus directing the authorities to appoint the appellant on compassionate grounds, in terms of SRO 43.

3. The learned Single Judge, after considering various aspects of the matter rejected the petition. Admittedly before the learned Single Judge, after a lapse of eleven years, the petition was preferred. The learned Single Judge has observed that during all this period the family as well as the appellant herein had sustained themselves. The learned Judge felt that after a lapse of eleven years there is no prima facie case even for admission of the writ petition. Having no merits, the petition was dismissed and hence this appeal.

4. So far as the rules with regard to compassionate appointment is concerned, the Govt. has framed the rules in this behalf, which are known as Jammu & Kashmir (Compassionate Appointment) Rules, 1994 (herein after referred as Rules). Sub-Clause (i) of Rule 2 is required to be considered. Rule 2 reads as under:-

2- These rules shall apply to the compassionate appointment of a person who is a family member of:-

(i) a Govt. employee who dies in harness other than due to militancy related action;

(ii) and (iii) xx xxx xxxx xxx

who are the persons eligible for such appointment is found in Rule 3, which reads as under:-

3 -- Notwithstanding anything contained in any rule or order for the time being in force regulating the procedure for recruitment in any service or posts under the Govt. an eligible family member of a person specified in Rule 2 may be appointed against a vacancy in the lowest rank of a non-gazetted service having qualification above Matriculation or to a class IV post if the candidate has read upto matric:

Provided that the applicant is eligible and qualified or acquires eligibility and qualification within period of six months from the death of the deceased person specified in Rule 2"

4. So far as the power of relaxation is concerned, Rule 7 provides that the Govt. may relax the lower or upper age limit or educational/technical qualification, as the case may be in deserving cases. All such cases shall be processes through General Administration Department in Coordination. In the background of the aforesaid rules, the matter is to be considered.

5. The learned Counsel has submitted that there is no provision or limitation within which one has to apply for compassionate appointment and, therefore, one can apply at any time.

6. Learned counsel submitted that so far as the proviso, to Rule 3 is concerned, it only refers to the eligibility and qualifications of the person concerned, however, he is not eligible or qualified, but acquires eligibility and qualification within a period of six months from the death of the deceased person specified in Rule 2 he is to be considered. The rule does suggest that he has to make an application within a period of six months, and, within that period, he has to acquire the eligibility or qualification. Thus learned counsel submits that a minor would attain majority and, therefore, on

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