IMPORTANT POINT
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 themselves.

JUDGMENT :

Sanjeev Kumar, J.

1. One Altaf Ahmad Wani, who was serving as a constable in Jammu and Kashmir Police died in harness on 25.09.2013 in a militant attack leaving behind his wife, namely, Shagufta Nazir, respondent No. 5 herein, parents and unmarried sister. The Government offered the respondent No. 5 appointment as teacher in the School Education Department on compassionate grounds in terms of J&K Compassionate Appointment Rules, 1994, issued vide SRO 43 of 1994. The petitioners herein i.e. parents and sister of the deceased Government employee felt aggrieved by the conduct of respondent No. 5, who, as per the petitioners, after obtaining appointment on compassionate grounds neglected to take care of other dependents of the deceased employee i.e. the petitioners herein.

2. The petitioners filed SWP No. 426/2016 and sought inter alia a direction to the official respondents to appoint one among the eligible petitioners on compassionate grounds under SRO 43 of 1994. The respondent No. 5 appeared in the petition, but instead of contesting the petition on merits, conceded to pay 50% of her salary and pension of the deceased to the petitioners. A compromise deed in this regard was executed between the petitioners of one part and respondent No. 5 of the other part on 11.07.2017. The respondent No. 5 voluntarily undertook to share fifty percent of her monthly salary and fifty percent of the pension and other post-retiral benefits with the petitioners.

3. On the basis of this compromise arrived at in the light of statement of the respondent No. 5 recorded before the Registrar Judicial of this Court, SWP No. 426/2016 was disposed of on 02.08.2017. The parties, as this court is given to understand, adhered to the aforesaid compromise for some time till respondent No. 5 contracted second marriage/remarried. As a result of remarriage, the respondent No. 5 lost her right to family pension. The family pension, which the respondent No. 5 was receiving, came to be released in favour of the parents of the deceased i.e. petitioner Nos. 1 and 2. It is also brought on record that not only the family pension is being paid to the petitioners but the petitioners were also beneficiaries of pay arrears on account of 7th Pay Commission Revision to the extent of approximately Rs. 10 lacs. With this change in circumstances, the respondent No. 5 stopped paying 50 percent of her monthly salary to the petitioners.

4. Feeling aggrieved, the petitioners have filed the instant petition seeking inter alia a writ of Mandamus to direct respondent Nos. 3 and 4 to recover with arrears the 50 per cent of the monthly salary from the respondent No. 5. It appears that pursuant to the interim directions, the respondent Nos. 3 and 4 have been deducting fifty percent of the salary of the respondent No. 5 and releasing it in favour of the petitioners. The petitioners have prayed for 50% of the salary on two grounds:-

i. That the compassionate appointment offered by the Government to the respondent No. 5 is for the benefit of all dependents of the deceased employee, and therefore, respondent No. 5 is under a legal obligation to take care of the other dependents of the deceased employee.

ii. That respondent No. 5 is bound by the undertaking given to the Government as also the compromise deed executed on 11.07.2017, in the light whereof SWP No.426/2016 was disposed of vide order dated 02.08.2017.

5. Learned counsel for the petitioners relying upon several judgments of this Court, would vehemently contend that the respondent No. 5 having remarried has lost her right to the compassionate appointment, and therefore, the other dependents are to be provided the compassionate appointment so as to enable them to tide over the financial crises befallen on them due to untimely death of the deceased employee. He would argue that having regard to the object of compassionate appointment, one of the dependents appointed on compensate grounds is legally bound to maintain other dependents