1. By way of the instant appeal, Smt. Kamlesh Kumari-appellant No.1 and Shri Tilak Raj-appellant No.2 have assailed the judgment and order dated 26th of April, 2018 passed in SWP No.3400/2015 directing the official respondents to consider the case of Smt. Menu Kumari (petitioner in the writ petition) for appointment strictly in terms of The Jammu and Kashmir (Compassionate Appointment) Rules, 1994, within a period of six weeks of the passing of the order.

2. The facts giving rise to filing of the instant appeal are within a narrow compass:-

3. Smt. Meenu Kumari, (age 24 years in the year 2015 when the writ petition was filed), is the widow and was legally wedded wife of late Shri Bushan Kumar S/o Shri Romesh Chander. Late Shri Bushan Kumar stood appointed on 09th of March, 2007 as Jewer in MLA Hostel, Jammu in a department of the Legislative Assembly Civil Sectt., Jammu/Srinagar. The deceased-Bushan Kumar unfortunately, died in harness on 31st of December, 2014, leaving behind Smt. Menu Kumari as his widow and one minor son, namely, Abhimanyu, who, in the year 2015 when the writ petition was filed, was only four years of age.

4. Upon the demise of husband, Smt. Menu Kumari applied for dependent certificate to the Deputy Commissioner, Jammu and a certificate dated 16th of April, 2015 came to be issued in her favour. Armed therewith, Smt. Meenu Kumari applied to her husband’s department for appointment on compassionate basis under SRO 43 of 1994.

5. As the official respondents failed to act upon the request for compassionate appointment, Smt. Meenu Kumari filed SWP No.1653 of 2015 seeking a direction from the Court for appointment on compassionate basis. The aforesaid writ petition was disposed of vide an order dated 2nd of June, 2015 with a direction to the official respondents to take a decision on the representation made by Smt. Meenu Kumari within a period of six weeks there from. All efforts to receive justice thereafter by Smt. Meenu Kumari were of no avail. However, during this period, Smt. Kamlesh Kumari (appellant No.1 herein) started making representations to the official respondents claiming that she was the second wife of deceased-Bushan Kumar’s father, therefore, she (Smt. Kamlesh Kumari) was his step mother; that she did not have any child of her own and that the respondent No.3 ought to have considered her entitlement before issuance of letter dated 21st of July, 2015.

6. In view of the claim set up by Smt.Kamlesh Kumari, the Secretary, Jammu and Kashmir Legislative Assembly, issued a letter dated 30th of July, 2015, observing that there was a controversy with regard to the dependent certificate issued to the petitioner and therefore, denied the compassionate appointment to Smt. Meenu Kumari.

7. Smt. Meenu Kumari has also placed on record the fact that during the life time of her husband in the year 2010, she had been compelled to file a petition under Section 488 of Cr.P.C. titled Meenu Kumari Vs. Bhusan Malhotra, before the Court of Learned Sub Judge, Special Railway Magistrate, Jammu for grant of maintenance against her husband. This petition was allowed by the learned Magistrate by an order dated 26th of May, 2011 in favour of the Smt.Meenu Kumari and Bhushan Kumar was directed to pay monthly maintenance of Rs.2,000/- in her favour and Rs.2,000/- per month for maintenance of her minor child.

8. Aggrieved of the denial of appointment on compassionate basis as well as benefits under SRO 43 of 1994, Smt. Meenu Kumari filed a petition bearing SWP No.3400/2015, seeking a direction to the respondents to consider her case for appointment on compassionate basis. This petition was considered by the learned Single Judge who vide judgment dated 26th of April, 2018, decided the same by holding as follows:-

“In view of the statement made by learned Sr. AAG, this petition is disposed of and communication bearing No. LA:1989/Adm/2015 dated 30.07.2015 shall stand quashed. Let the respondents consider the case of the petitio