Aftab H.Saikia, MUZAFFAR HUSSAIN ATTAR
State Of J&K – Appellant
Versus
Safia Begum – Respondent
1. In the administration of justice, amongst others, one of the fundamental duties of the Court is to shape up rights of people by chiseling the statute. The expression "Government employee" appearing in Rule 2 of the Jammu and Kashmir (Compassionate Appointment) Rules 1994 (for short "Rules of 1994") requires to be unveiled in its true and correct legal fashion, so as to achieve the object underlying the Rules of 1994.
2. One Mohammad Sadiq (deceased) was appointed as Pharmacist in the year 1991, on ad hoc/stop gap basis. The deceased continued in service of the appellants till February 08, 2003 on which date he breathed his lost. His widow, namely, Safia Begum, sought consideration for being appointed on compassionate grounds. Her case for appointment on compassionate grounds was recommended by the Block Medical Officer, Mendhar vide communication dated 05th March, 2003, the Chief Medical Officer, Poonch vide communication dated 11th March, 2003 and the Director Health Services, Jammu vide communication dated 31st May, 2003. In the communication of the Director Health Service, Jammu request for regularization of the services of the deceased, in terms of G
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