The court mandated timely consideration of compassionate appointment applications, emphasizing the need for adherence to rules and addressing the hardships of bereaved families.

ORDER :

1. In the instant petition filed under Article 226 of the Constitution of India, petitioner seeks the following reliefs:-

a. Mandamus commanding the respondents, to appoint the petitioner on compassionate grounds, in any post of Class-IV, in respondent corporation, as petitioner is fully eligible and deserves to be appointed on compassionate grounds, as respondents are denying the same to the petitioner in an unreasonable and arbitrary manner;

b. Any other order or direction which this Court deems fit and proper may kindly be issued in favour of the petitioner and against the respondents.”

2. The facts under the shade and cover of which the instant petition has been filed are, that the father of the petitioner, who expired on 11.04.2017 during his active service, was the only earning member in his family and after his death, the family of the petitioner was constrained to live a penurious life. The petitioner being eligible in all respects, applied before the office of respondent No. 6-Executive Engineer, Electric M&RE Division, Kathua by way of application/representation for employment on compassionate grounds under SRO 43 of 1994. The said application was forwarded by the respondent No. 6 to respondent No. 5-Superintending Engineer (Distribution), Jammu Power Distribution Corporation Ltd. (JPDCL), O&M, Kathua. The petitioner also supplied all the requisite documents to the respondents for processing the case of the petitioner under SRO-43 of 1994 for compassionate appointment, however, they have not done anything in this direction except extending hallow assurances that very soon, the petitioner would be appointed on compassionate grounds in the respondent-Corporation and all the assurances extended by the respondents are bootless. Thus, according to the petitioner, the respondents are adopting lackadaisical approach to avoid his appointment on compassionate grounds under SRO-43 of 1994.

3. Feeling aggrieved of the aforesaid action on part of the respondents, the petitioner has approached this Court by way of instant petition.

4. Learned counsel for the petitioner submits that the petitioner would feel satisfied, in case the respondent No. 1 to 3 are directed to treat the instant writ petition as representation and to accord consideration to the same with some reasonable time.

5. Heard learned counsel for the petitioner at length and perused the record.

6. Issue notice.

7. Ms. Aparna Gupta, Assisting counsel to Mr. Amit Gupta, AAG waives notice on behalf of respondents. She submits that the respondents have no objection, if the instant writ petition is directed to be treated as representation and same is accorded consideration strictly in accordance with the rules and as per law.

8. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is disposed of, at the threshold, with a direction to the respondent No. 1 to 3 to consider the claim of the petitioner by treating this writ petition as representation and take a decision thereon strictly under rules and as per law and pass a consideration order within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition are made available to the said respondents. It is also made clear that in case, the petitioner intends to file any other material before the said respondents, the same can be filed within aforesaid period alongwith instant writ petition. The order of consideration, which is likely to be passed, be forwarded to the petitioner through registered post.

9. Needless to say that in case, the order of consideration goes against the petitioner, he would be at liberty to challenge the same by way of appropriate proceedings, if so advised.

10. Writ petition is, accordingly, disposed of.