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2024 Supreme(Online)(CAT) 3418
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member
Sahil Bavoria – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transferred Application No. 61/201/2020|SWP No. 389/2019
For the Appellants/Petitioners: Faheem Shokat Butt
For the Respondents: Hunar Gupta
State cannot discriminate among similarly situated compassionate appointment claimants; must provide equal treatment or revoke prior benefits.
Headnote:Under Jammu & Kashmir (Compassionate Appointment) Rules 1994 (SRO 43 of 1994) read with SRO 177 of 2014, eligible dependents of deceased government employees are entitled to appointment on compassionate grounds. Facts reveal applicant's father, a Head Constable, died in harness due to liver cancer, leaving family in financial distress; applicant possesses requisite qualifications including BA LLB and physical fitness for Prosecuting Officer/Sub-Inspector/Legal Assistant posts. Court found arbitrary denial of higher post despite parity with similarly situated cases, violating uniformity. Issues framed around discriminatory 'pick and choose' policy in granting relaxations under Rule 3(2), denying applicant higher post despite qualifications. Ratio emphasizes Article 14 equality; State cannot discriminate among similarly situated dependents or confer benefits selectively without revocation, as held in precedents on uniform treatment. Application allowed; respondents directed to appoint applicant to Prosecuting Officer/Sub-Inspector or Legal Assistant/Junior Legal Assistant within eight weeks, on parity with similarly circumstanced cases.
| Table of Content |
|---|
| 1. background and compassionate appointment claim under sro 43/1994. (Para 1 , 2 , 3 , 4) |
| 2. administrative process and repeated willingness refusals. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. respondents' defense citing rule limitations. (Para 11 , 12 , 13) |
| 4. court finds discriminatory pick-and-choose policy. (Para 14 , 15 , 16 , 17) |
| 5. equality under art.14 mandates parity treatment. (Para 18 , 19 , 20) |
| 6. application allowed with appointment directions. (Para 21 , 22 , 23) |
ORDER
The applicant had initially approached the Hon’ble High Court of Jammu and Kashmir at Jammu by filing SWP No. 389/2019 praying for the following reliefs:
“i. command and direct the respondents to appoint the petitioner as Prosecuting Officer or Sub Inspector in J&K Police Department or in alternative Legal Assistant/Junior Legal Assistant in Law, Justice and Parliamentary Affairs Department on compassionate basis under SRO 43 of 1994 read with SRO 177 of 2014 dated 20.06.2014 on account of death in harness of his father who expired on 30.01.2017 due to Liver Cancer while working as Head Constable in J&K Police, as the petitioner possesses all the requisite qualification ie. academic as well as physical for appointment to the aforesaid posts.
ii. So as to command and direct the respondents to appoint the petitioner to the post of Prosecuting Officer/Sub Inspector/Legal Assistant/Junior Legal Assistant on the similar analogy as has been adopted in various other similarly circumstanced cases like the cases of Hemanshu Mahajan, Waseem Qureshi, Zahida Kana, Mala Sharma, Wajahat Habib, Huram Qadir Reshi, Akarshan Koul who are similarly situated and were appointed on compassionate basis to the posts of Prosecuting Officers/Sub-Inspector/Legal Assistant/ Junior Legal Assistant”
2. After the reorganization of State of Jammu and Kashmir into Union Territory of Jammu and Kashmir and Ladakh and in view of the Notification No. G.S.R. 267 (E) dated 29.04.2020 read with notification No. G.S.R. 317 (E) dated 28th May, 2020 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to adjudicate upon the lis regarding service disputes of the employees of UT of J&K and Ladakh was conferred upon this Tribunal and while considering the said fact, the record of SWP No. 389 of 2019 was ordered to be transferred by the Hon’ble High Court to this Tribunal on 17.06.2020 and renumbered as Transferred Application No. 201 of 2020.
3. The brief facts of the case leading to filing of this Transferred Application is that the father of petitioner namely Late Sh. Tilak Raj S/o Sh. Sain Dass died in harness on 30.01.2017 due to Liver Cancer. At the time of his death the deceased was working as Head Constable in J&K Police under No. 196/CR, ARP846300 of Crime Branch. The deceased father of petitioner was the only bread earner of the family and has burden of entire household on his shoulders. With his hard- earned money, the deceased besides fulfilling his domestic obligations also gave education to his three wards. The petitioner is younger son of deceased whereas the elder son is working as private employee. The deceased died due to life consuming disease of liver cancer and his death creates a vacuum in the family which is hard to be filled and they have been virtually left into lurch.
4. The petitioner applied for dependency certificate in terms of SRO 43 of 1994 and the competent authority i.e. Assistant Commissioner Revenue Jammu vide No. DCJ/Relief 2016-17/SRO- 43/169 dated 27.03.2017 issued dependency certificate in favour of petitioner. The petitioner applied for compassionate appointment vide application dated 17.04.2017, in terms of SRO 43/1994 read with SRO 177/2014 for the post of Prosecuting Officer or Sub-Inspector in J&K Police being the dependent and eligible family member of deceased as prescribed under Rule 2 (i) & Explanation (d) to Rule 2 of Jammu & Kashmir (Compassionate Appointment) Rules 1994. It is
