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HIGH COURT OF JAMMU AND KASHMIR
MUKESH KUMAR – Appellant
Versus
UT OF J AND K TH COMMISSIONER SECRETARY POWER DEVELOPMENT DEPARTMENT JAMMU AND OTHERS – Respondent
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 res
Compassionate appointment - once a three years rule is prescribed, within which the legal heir has become major and within which the application has been filed in time, that can be considered and the....
Compassionate appointment requests must be put forth and the benefit conferred within a reasonable time, and the compassionate element stands extinguished after a long time.
Compassionate appointment is a concession and should be restricted to genuine cases of penurious circumstances. Efflux of time can be a ground for rejecting the claim.
The Scheme of compassionate appointment is to be implemented strictly in accordance with its terms and conditions, and is to be restricted to genuine candidates suffering from indigent circumstances ....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
Compassionate appointment should be strictly in accordance with the relevant Government Orders and the scheme framed for the purpose by the employer, and it is intended to alleviate the financial har....
Compassionate appointment should strictly adhere to relevant Government Orders and schemes, and is intended to alleviate the financial hardship faced by the family of the deceased breadwinner.
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