Compassionate appointments can be granted even to dependents of non-regular employees in cases of financial distress, as per S.O. 429 dated 06-09-2022.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2045/2019 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/504/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “For issuance of an appropriate writ, order or direction in the nature of writ of mandamus commanding upon the respondents to regularize the services of the deceased husband and father of petitioners against Class-IV post and accordingly release the terminal/retiral benefits in favour of the petitioner No.1.

b) For issuance of an appropriate writ, order or direction in the nature of writ of mandamus whereby commanding upon the respondents to appoint the petitioner No.2 against any suitable vacancy on compassionate grounds under the provisions of SRO 43 of 1994 , in view of the peculiar facts stated herein below.

c) Any other relief befitting the occasion may please also be allowed in favour of the petitioners and against the respondents

3. The facts of the case as averred by the petitioners in their pleadings, are as follows: -

a) The petitioners are the widow and son of the deceased employee, who died in harness on 09-10-2017 while serving as a daily wager in the Public Health Engineering (PHE) Division, Doda. The deceased, engaged in June 1993 in lieu of 1.5 Kanals of land provided for a water reservoir at Village Bhella, was the sole breadwinner of the family. Despite rendering 23 years of satisfactory service, his employment was not regularized by the respondents.

b) Following the death of the deceased, the family has been facing severe financial hardship with no source of income. Petitioner No.2 (son), who is qualified up to 9^th standard, applied for compassionate appointment under SRO 43 of 1994 and submitted a representation dated 18-12-2017 to respondent No.3, which was forwarded to respondent No.2. However, the respondents have not taken any decision to date.

c) Petitioner No.1 (widow) also asserts entitlement to terminal and retiral benefits, including retrospective regularization of her late husband's service from the date he completed seven years of satisfactory service.

d) The petitioners allege that the respondents have failed to fulfill their obligation under SRO 43 of 1994 to consider the case of petitioner No.2 for compassionate appointment, forcing them to approach this Hon'ble Court. They confirm that no other writ petition on the same grounds has been filed in any court.

4. The respondents have filed their written statement wherein they have averred as follows: -

a) The respondents submit that late Sh. Deliar Singh, husband of petitioner No.1 and father of petitioner No.2, was engaged as a CP worker in June 1993 and passed away on 09-10-2017. While it is a matter of record that he served in the department, he was neither appointed as a daily wager nor regularized during his tenure. As per SRO 43 of 1994 , compassionate appointment is applicable only to dependents of permanent government employees who die in harness. Since the deceased was not a regular employee, petitioner No.2 is not eligible for such an appointment.

b) Additionally, terminal and retiral benefits are granted exclusively to permanent government employees. The petitioners’ reliance on SRO 43 for compassionate appointment is misplaced, as clarified by S.O. 429 dated 06-09-2022, which specifies that compassionate appointments are limited to dependents of regular government servants, excluding casual laborers, daily wagers, or those engaged on a consolidated basis.

c) The respondents contend that the petitioners’ claims are not tenable under the applicable rules and regulations, and the relief sought cannot be granted.

4. Heard learned counsel for the parties and perused the pleadings made by them.

5. The present case was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and registered as T.A. No. 61/504/2020 in this T