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2024 Supreme(Online)(CAT) 4171

CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, J
Abdul Rashid Mir – Appellant
Versus
D/o Agriculture Production Ut Of Jammu & Kashmir – Respondent


Advocates:
Mr. M.Ashraf Wani, Mr. Numan Idrees Malik, GA

O R D E R

D.S.Mahra, Member (Judl.) :- The father of the petitioner was working in the Sericulture Department of the respondents who died in harness on 28.04.2010. Petitioner, being the son of the deceased employee, applied for appointment on compassionate ground under SRO 43 of 1994. The claim of the petitioner was rejected by the respondents on 19.06.2014 on the ground that at the time of death of his father, the petitioner was 37 years 1 month & 19 days old. The respondents rejected the claim on the ground that the case was not covered under the relaxation policy adopted by the General Administration Department since the petitioner had already crossed the maximum age of 37 years.

2. The petitioner filed a writ petition, bearing SWP No. 1045 of 2017 before the Hon’ble High Court impugning the order dated

19.06.2014 which was subsequently transferred to this Tribunal and registered as TA No. 7928 of 2020.

3. Learned counsel for the petitioner submitted that the petitioner was eligible for appointment on compassionate ground under SRO 43 of 1994 and was also eligible for the relaxation of age under Rule 7 of the J&K Compassionate Appointment Rules. He further submitted that the respond

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