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SINDHU SHARMA
Yasmeena Begum – Appellant
Versus
Deputy Commissioner – Respondent
JUDGEMENT/ORDER :
1. The petitioner was married to one Manzoor Ahmed Sheikh in the year 2002, who was killed by the terrorists in the year 2008. The deceased was survived by his wife-petitioner herein, his father-Mohd. Shahban, mother-Hanifa Begum, brother-Bashir Ahmed and daughter-Sanay. After the unfortunate death of Manzoor Ahmed Sheikh, the family of the deceased approached the respondent No. 1 - Deputy Commissioner, Ramban for grant of compassionate appointment to a member of the family under SRO-43 (Militancy Related Relief).
2. The petitioner submitted a dependent certificate issued by the then ACR Ramban on 05.09.2008 whereunder all the aforesaid members of the family were reflected as legal heirs of the deceased-Manzoor Ahmed Sheikh. The petitioner being educated family member with the consent of the other family members, was given compassionate appointment and appointed as class-IV post created in the Revenue Department in District Ramban vide Government Order No. 585-GAD of 2008 dated 24.04.2008.
3. The father and the younger brother of the deceased died due to natural and accidental death respectively. The petitioner also subsequently remarried to one Farooq Ahmed Katoch o
Compassionate appointment entails an obligation to maintain the dependents of the deceased employee, and this obligation is inherent in the acceptance of employment under SRO-43.
Compassionate appointments confer moral responsibilities, and neglecting dependent obligations undermines the underlying purpose of the appointment.
The compassionate appointment rules in Jammu and Kashmir do not obligate an appointee to financially support other dependents, particularly when those dependents are receiving substantial benefits th....
The denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
Compassionate appointment is an exception to the general rule and can only be granted based on fulfilling the norms laid down by the State's policy and eligibility criteria. No aspirant has a right t....
The eligibility for compassionate appointment requires that the total family income must be less than 60% of the deceased’s last drawn salary, excluding independent family members' incomes.
Compassionate appointment cannot be claimed as a matter of right and is subject to strict scrutiny of various parameters, including the financial position of the family, as per prevailing government ....
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
Married daughters are eligible for compassionate appointment on the death of their father, a government employee, even if they are not deserted or their husbands do not disappear, provided they are f....
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