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2025 Supreme(Online)(CAT) 400
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Rajinder Singh Dogra, J, Mr. Ram Mohan Johri, A
Kulveir Kour – Appellant
Versus
D/o General Administration Ut Of J&k – Respondent
T.A./8599/2020
Ms. Manpreet Kour, Mr. Sudesh Magotra, ld. AAG, Mr. Hunar Gupta, ld. DAG
Compassionate appointments must adhere to the principles of fairness and uniformity, ensuring that similarly situated individuals receive equal treatment under the law.
Headnote:(A) Jammu and Kashmir Compassionate Appointment Rules, 1994 - SRO 43 - Compassionate appointment - The applicant sought to quash the rejection of her appointment on compassionate grounds following her father's death in service. The court found that the rejection was arbitrary and contrary to the provisions of SRO 43, directing the respondents to issue an appointment order. (Paras 1, 5, 6)
(B) Legal Principles - The court emphasized that compassionate appointments aim to provide immediate relief to bereaved families, and similar cases must be treated uniformly under Articles 14 and 16 of the Constitution. (Paras 5, 5(iv), 5(v))
Facts of the case:
The applicant's father, a Head Constable, died in service, and her mother was appointed as a Follower but refused to join due to ill health. The applicant, qualified for the position, sought her appointment instead.
Findings of Court:
The court ruled that the applicant is entitled to compassionate appointment, emphasizing the state's duty to assist citizens in need.
Issues: The main issue was whether the rejection of the applicant's case for compassionate appointment was justified.
Ratio Decidendi: The court held that the rejection was arbitrary and not in line with the compassionate appointment policy, which aims to prevent hardship for bereaved families.
Result: The petition was allowed, and the impugned order was quashed.
O R D E R
As per Hon’ble Mr. Rajinder Singh Dogra, Member (J):
1. The instant petition has been filed by ld. counsel for the applicant with following relief:
(i.) to quash Order No. Home/SRO-43/09/2015/6853 dated23.12.2015 issued by Deputy Secretary to Government, Home Department by which the Deputy Secretary has rejected the case of the applicant for appointment on compassionate grounds in place of her father.
(ii.) to issue directions to the respondents to consider the case of applicant for appointment on compassionate ground under the provisions of SRO 43 of 1994 (Jammu and Kashmir Compassionate Appointment) Rules, 1994 on the post of Class IV employee (Follower) or on any other equivalent post in place of her deceased father.
(iii.) to declare Order No. Home/SRO-43/09/2015/6853 dated23.12.2015 issued by Deputy Secretary to Government, Home Department by which the Deputy Secretary has rejected the case of the applicant for appointment on compassionate grounds in place of her father, as ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and Rules and against the provisions of principles of natural justice.
2. The brief facts of the case:
The brief facts of the case are that the father of the applicant was working as Head Constable in J&K Armed Police having Belt No. 625/JKAP 4 Bn. Father of the applicant died in harness while in active service on 22.07.2008. Father of the applicant left behind his wife, two daughters and one son. Elder sister of the applicant got married the brother is serving in the BSF. The mother of the applicant applied for appointment on compassionate grounds in place of her husband. Mother of the applicant was appointed as Follower in the Police Department vide PHQ Order No. 3871 of 2010 dated 1.12.2010 by which sanction is hereby accorded to the appointment of Harjinder Kour W/o Late HC Jasbir Singh No. 625/JKAP 4th Bn R/o Chak Paras Mohara Govind Garh, Samba as Follower in J&K Armed Police under SRO 43 of 1994 in relaxation of qualification bar, as accorded vide Govt. Order No. Home-1297 (P) of 2010 dated 19.10.2010, subject to her fitness in all respects and clearance from CID. The mother of the applicant refused to join in IRP Bn. because of her ill health. The applicant, who has done B.A, B.Ed, made a representation to the respondents for her appointment on compassionate grounds in place of her deceased father instead of her mother, who is not mentally prepared to join on the post of follower due to her ill health. The mother of the applicant therefore, made a representation to the respondents thereby requesting therein that she is unable to join on the post of Follower on account of her ill health and her daughter may be adjusted either in Police Department or any other civil department commensurating her qualification and the mother of the applicant has attached all the required documents of the applicant including the affidavits sworn by the other members of the family. Thereafter, the Director General of Police J&K, Jammu written a letter to the Principal Secretary to Government, Home Department, J&K Government vide No. Pers-A- 93/2009/64464-66 dated 24.12.2014 wherein it was mentioned that in terms of PHQ letter No. Pers/A-93/2009/33526-28 dated 28.08.2009, Smt. Harjinder Kour W/o Late HC Jasbir Singh No. 625//JKAP 4 Bn. was recommended to the Home Department for her appointment as Follower in relaxation of educational qualification bar under SRO-43 of 1994 in lieu of services of her late husband who expired on 22.07.2008 while in service, leaving behind his wife, son and two daughters. Accordingly, Home Department has accorded sanction to her appointment against the post of Follower in relaxation of upper age limit of 10 months and 21 days as on 01.01.2010 and qualification bar in favour of the beneficiary vide Government No. Home-1297(P) of 2010 dated 19.10.2010. Therefore, the beneficiary was adjusted in IRP 17th Bn. Later, the beneficiary refused to j
