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SANJEEV KUMAR
Gh. Ahmad Wani – Appellant
Versus
UT of J&K – Respondent
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
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....
Compassionate appointments confer moral responsibilities, and neglecting dependent obligations undermines the underlying purpose of the appointment.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
Compassionate appointment time limit for minors computed from attaining majority, not father's death.
Family pension is a relevant factor in determining financial hardship for compassionate appointment under the West Bengal Central Service Commission (Selection of Persons for Appointment to the Post ....
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