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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
SINDHU SHARMA, SHAHZAD AZEEM
State of Jammu & Kashmir, through Commissioner/Secretary to Government Agriculture Production Department – Appellant
Versus
Javaid Ahmad Ganai, S/o. Mohammad Akram Ganai – Respondent
JUDGMENT :
1. The present Letters Patent Appeal is directed against the judgment dated 10.07.2015 passed by the learned Single Judge in SWP No. 1951/2009, Javaid Ahmad Ganai v. State of J&K & Ors., whereby the writ petition of Respondent No. 1 was allowed to the extent of declaring that he shall be deemed to have been appointed as storekeeper w.e.f. 13.09.2000, though without consequential monetary benefits.
2. The relevant facts for consideration in the present appeal are that the petitioner/respondent No. 1 herein was appointed by the Deputy Commissioner, Anantnag, as a storekeeper in the pay scale of Rs. 3050– 4910 on compassionate grounds under SRO-43, vide Order No. 149- CA/Misc/2000 dated 13.09.2000. However, he was not permitted to join against the said post on the ground that the post of Store-Keeper is a promotional post. The respondent No. 1 at the instance of Deputy Commissioner, Anantnag was allowed to join against a Class-IV post in the pay scale of Rs. 2550–3200, and his case was recommended for consideration under the relevant rules.
3. The petitioner constrained by the fact that he was not allowed to join on the post on which he was appointed, approached this Court by
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
(1) Compassionate Appointment – Employment on compassionate basis is provided only on account of humanitarian consideration – Such appointment which is arising out of exceptional circumstances, canno....
(1) Compassionate ground is a concession and not a right – Compassionate appointment is an exception to general rule of appointment in public services.(2) Compassionate appointment – Dependent/applic....
Compassionate appointment time limit for minors computed from attaining majority, not father's death.
Appointment on compassionate ground is a concession and not a right, and the appointee does not have the right to choose a particular post.
Compassionate appointments must be based on qualifications applicable at the time of application, and once an appointment is made, further claims for higher posts are not permitted.
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