1. By this judgement, I propose to dispose of all the three writ petition tilled above as common questions of fact and law arc involved in these petitioners.

2. In SWP No. 535/2000, petitioner seeks appointment on compassionate grounds on the count that his father namely Ghulam Hassan Gujri, who was working as Cleaner in the Mechanical and Stores Division, USIIP-11 Kangan died in harness on 24-10-1985 leaving behind four minors and widow. The petitioner at the time of death of the deceased was minor. As per averments made in the petition, he attained majority in the year 1995, also simultaneously passed 10+2 examination. It is also submitted that though the case of the petitioner was processed, but respondents failed to appointment him on compassionate grounds in term of SRO 43 of 1994, hence this petition.

3. In SWP No. 554/2000, it is submitted that the petitioners father Late Ali Mohammad Dar, who was working as teacher in the Education Department on substantive post, died in harness on 25-4-1990 leaving behind the widow and four minor kids, petitioner was 13 years of age and undergoing education. He applied for appointment on compassionate grounds in the year 1994 which was rejected on 26-8-1995. He has accordingly prayed that the communication dated 26-8-1995 be quashed and the respondents be commanded to appoint him on compassionate grounds in terms of SRO 43 of 1994.

4. In SWP No. 1068/2000, petitioner claims appointment on compassionate grounds on the count that his father was working as Fitter in PHE Division, Anantnag who died in harness on 29-7-1990 and he applied for appointment on compassionate grounds in the year 1995. His case was processed but he was not appointed which constrained him to file the writ petition at hand for seeking writ of "mandamus commanding the respondents to appoint him on compassionate grounds.

5. Respondents have not chosen lo file reply in the petition.

Heard learned counsel for the parties and perused the files.

6. It is well established proposition of law that compassionate appointment is not a source of recruitment but merely an exception to the requirement regarding appointments being made on open invitation of application on merits. Its basic intention is to see that on the death of the employee concerned, his family is not deprived of the means of livelihood and to enable the family to get over sudden financial crisis. In order to seek appointment on compassionate grounds, the person concerned must be eligible at the time of death of the deceased or at the most he must attain eligibility within six months from the date of death of the deceased as is envisaged by SRO 43 of 1994 for facility of reference, rules 2 3(1) of SRO 43 is reproduced hereunder:

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

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

(ii) a Government employee who dies as a result of militancy related action and is not involved in a militancy related activities.

3. Appointment under these rules: -- (I) Not withstanding 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 Government 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 a period of six months from the death of the deceased person specified in rule 2."

7. These rules are un-ambiguous and crystal clear. A person who seeks compassionate appointment must be eligible at the time of death of deceased or at best must obtain eligibility within six months from the death of the deceased and if a person is not eligible at the time of deat

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