Compassionate appointment time limit for minors computed from attaining majority, not father's death.

ORDER

The SWP No. 553/2015 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/600/2020 by the Registry of this Tribunal. The present matter was filed before the Hon’ble High Court with following prayer:

“i. to quash Communication No. DATJ/Adm/2014-15/7160 dated 24.10.2014 issued by respondent No. 6, Director Accounts and Treasuries, Jammu by which the respondents have rejected the case of the petitioner for compassionate appointment on the ground that the petitioner does not fulfill the eligibility criteria, by issuance of writ of certiorari,

ii. to issue directions to the respondents to consider the case of petitioner for appointment on compassionate ground under the provisions of SRO 43 of 1994 (Jammu and Kashmir Compassionate Appointment) Rules, 1994 on the post ofClass IV employee or on any other equivalent post in place of his deceased father, by issuance of writ of mandamus;

iii. to issue directions to the respondents restraining them to fill up or to make any appointment on Class-IV post or any other equivalent post, by issuance of writ of prohibition:

iv. to declare Communication No. DATJ/Adm/2014-15/7160 dated 24.10.2014 issued by respondent No. 6, Director Accounts and Treasuries, Jammu by which the respondents have rejected the case of the petitioner for compassionate appointment on the ground that the petitioner does not fulfill the eligibility criteria, 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, by issuance of writ of mandamus”

2. The Brief facts of the case leading to filing of this T.A. is that the father of the petitioner was working in the office of Assistant Director Handicraft, Kathua as Account Assistant. Father of the petitioner died in harness while in active service on 14.12.2004. and left behind his wife, one son, i.e., petitioner and one daughter. The petitioner was only nine years old at the time of death of his father. Mother of the petitioner is already in service. The mother of the petitioner sworn an affidavit on 22.12.2005 to the effect that father of the petitioner who was working as Account Assistant in the office of Assistant Director Handicrafts Kathua died on 14.12.2004 while in service. Mother of the petitioner applied for appointment of her children (boy) in place of her deceased husband as the children of the deceased father have not grown up as they are minor, till they attain the age of 18 years under SRO 43.

3. The petitioner approached the Assistant Director, Handicrafts, Kathua by filing an application dated 19.10.2013 thereby seeking appointment on compassionate grounds under the provisions of SRO 43 wherein it was mentioned that the father of the petitioner expired on 14.12.2004 due to multiple myeloma disease while serving in the Handicrafts department after rendering 8 years continuous service. Al the time of death of father, the petitioner was minor having only 9 years of age but now the petitioner has attained the age of 18 years which is eligible for Government service. The petitioner has passed matriculation examination from J&K Board of School Education. The petitioner is permanent resident of J&K State and having a State Subject. The petitioner requested that keeping in view the above facts, his case for appointment under SRO 43 on compassionate grounds may be submitted to higher authority for early consideration. The Assistant Director Handicrafts Kathua forwarded the case of the petitioner for compassionate appointment to the higher authorities.

4. The petitioner obtained Dep