The one-year limitation for compassionate appointment applications is reckoned from when the applicant becomes eligible, not from the date of the deceased's death.

JUDGMENT :

1. The petitioner invokes Article 226 of the Constitution of India for issuance of a writ of certiorari quashing an order and judgment dated 09.09.2021 passed by the Central Administrative Tribunal, Jammu Bench [“the Tribunal”] in T.A No. 103/2021 (SWP No. 2162/2017) whereby the Tribunal has dismissed the petition of the petitioner seeking a direction to the respondents to appoint him against the available post of Constable or equivalent in terms of SRO 43 of 1994.

2. Before we advert to the grounds of challenge urged by learned counsel for the petitioner to assail the impugned judgment passed by the Tribunal, we deem it appropriate to set out few material facts.

3. The brother of the petitioner, namely Mohammad Afzal Dar, a constable serving in J&K Police, was killed by some un-known militants on 02.03.2001. The deceased left behind his parents and two minor brothers, all of whom were dependents upon him. It was only when the petitioner became major and attained the qualification of Matriculation, his father made an application for his appointment as Constable on compassionate grounds. The application was processed at different levels and ultimately, after completing all the requisite formalities, the Commandant IRP 5th Bn., vide his communication No. IRV/GB/SRO43/13 dated 01.04.2013 forwarded the case of the petitioner for his appointment as Constable under SRO 43 of 1994 to the DIG Police Range, Jammu. His case was also taken up by the Commandant with the District Magistrate, Budgam seeking Screening-cum-Coordinate in Committee Report in respect of the petitioner so as to enable the respondents to settle his case for his appointment as Constable under SRO 43 of 1994. This is evident from the communication of the Commandant written to the District Magistrate, Budgam on 16.12.2013. The District Magistrate, Budgam and the District Police, Budgam, upon verification, certified that the petitioner was not involved in any kind of subversive activities. The Communication of the Superintendent of Police dated 23.12.2013 addressed to the Assistant Commissioner (Revenue), Budgam substantiates the aforesaid fact.

4. Be that as it may, upon consideration of the case of the petitioner for compassionate appointment under SRO 43 of 1994, the Administrative Department of Home vide communication issued through the Deputy Secretary to the Government, Home Department bearing No. Home/SRO-3/2015/5527 dated 06.10.2016 requested the Director General of Police to recommend the case of the petitioner for his appointment as Follower in the Police Department instead of Constable on the ground that the persons with the qualification of Matric or 10+2 are considered only against class IV posts. On receipt of communication from the Administrative Department, the Police Headquarter sent a communication to the Additional Director General of Police, Armed on 20.10.2015 requesting the later to obtain willingness from the petitioner for his appointment against the post of Follower in the J&K Armed Police instead of Constable. The Additional Director General of Police, Armed, after obtaining willingness in writing from the petitioner, informed the Director General of Police in this regard vide his communication dated 29.12.2015 which information was communicated by the office of Director General of Police to the Principal Secretary to the Government, Home Department through a communication dated 28.01.2016 and a request was made to the latter to appoint the petitioner as Follower in J&K Armed Police by necessary relaxation in the relevant rules. This is how the matter came up for consideration before the Administrative Department.

5. Before any decision with regard to the appointment of the petitioner as Follower could be taken, the petitioner, whose case was pending for the last more than five years, lost patience and filed SWP No. 2162/2017 before this Court seeking, inter alia, a direction to the respondents to appoint him against the available post