The court emphasized the need to consider compassionate appointment claims by granting relaxation of age and qualification, or by considering cash compensation, in cases where objections and pending proposals create barriers.

N. Paul Vasantha Kumar, CJ.

1. This writ petition is filed praying for issuance of writ of mandamus directing the respondents to consider/appoint the petitioner as Clause-IV employee on compassionate grounds under SRO 43 of 1994.

2. The case of the petitioner is that he belongs to a far flung village namely Korrera, District Doda. His elder brother, Khem Raj (bridegroom) died due to militants attack along with 25 other persons and a case in this regard was registered at Police Station Doda and the legal heirs of fifteen persons, who also died in the said militants attack, were given compassionate appointments. The petitioner is in indigent circumstances, having Rs. 1000/- income of the family from all sources also submitted a representation seeking compassionate appointment and his character verification was also made. The District Police Officer, Doda on 26.10.1998 submitted a report to the Deputy Commissioner Doda stating that the legal heirs of the deceased (Khem Raj) hold good moral character and is not involved in any militancy related activities. On 15.01.2007, the Divisional Commissioner, Jammu directed the Deputy Commissioner, Doda for taking immediate action but no action being taken, the petitioner again approached the Deputy Commissioner, Doda on 07.07.2007. No order granting compassionate appointment under SRO 43 has been issued.

3. Respondents have filed objections on 09.07.2009 contending that the petitioner's brother Khem Raj was killed by militants on 19.06.1998 at Chapnari of village Bijarni, Tehsil Doda. In the said incident three bothers of Smt. Leela Devi (bride) namely Om Parkash, Shesh Ram and Dewan Raj were killed and after the said incident, Smt. Leela Devi returned to her parental house instead of in laws house. The said Leela Devi (Bride) also represented through an application on 22.02.1999 for compassionate appointment against killing of her husband namely Khem Raj (Bridegroom) and objected the claim of the petitioner. Thereafter said Leela Devi was given appointment on compassionate grounds. The case of the petitioner has been submitted to the Commissioner/Secretary to Government, General Administration Department vide recommendation letter dated 21.01.2009. The petitioner having passed 9th standard and his date of birth being 05.7.1970, his claim for appointment as Class IV employee cannot be considered unless and until the upper age bar by one year five months and twenty six days as on 01.01.2009 and qualification bar is relaxed by the Government. The claim of the petitioner seeking cash compensation in lieu of government job could not be considered as the case for relaxation of qualification and upper age limit is pending consideration in General Administration Department, Government of J & K.

4. Thus on the basis of the objections raised, it is evident that the claim of the petitioner has to be considered by relaxation of age as well as qualification by the Government. Even claim of the petitioner for cash compensation is not being considered due to the pendency of the relaxation proposal.

5. In such circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider the claim of the petitioner seeking compassionate appointment by granting relaxation of age as well as qualification and if it is not possible, consider the claim for cash compassionate to the petitioner within a period of eight weeks from the date of receipt of copy of this order.