ORDER(ORAL)

PER M. S. Latif, M(J)

1. Through the medium of the instant Writ Petition the petitioner seeks a direction upon the respondents to take the final decision on the claim of the petitioner for compassionate appointment within the stipulated period of time against the post for which she is eligible and qualified in terms of the Recruitment Rules. With a further direction upon the respondents to give all consequential benefits to the petitioner, as same shall be in the interest of justice.

2. The case of the petitioner as projected in the instant Writ Petition is that the husband of the petitioner came to be appointed as ReT in Government Medical School, Gangbugh vide order dated 26-09-2011. It is averred that the husband of the petitioner continued to serve the department to the best of his capabilities. It is averred that in terms of the rules, an ReT is entitled to regularization after five years of service and as such the deceased was due for regularization on 26-09-2016 and the case of the husband of the petitioner was under consideration for regularization before the competent authorities.

3. It is further averred in the petition that the husband of the petitioner died unfortunately on 11-10-2017. To this effect, the petitioner has also annexed copy of the Death Certificate along with intimation issued by the department to higher authorities regarding the said incident.

4. Learned counsel for the petitioner submits that the petitioner was wholly and solely dependent on her husband for survival and in view of the death of only bread earner, the petitioner has been left with no source of income. The deceased had left behind the petitioner and three and a half years old daughter at the time of his death and as such, the petitioner was rendered without any source of livelihood.

5. Learned counsel for the petitioner further submits that under the J&K Compassionate Rules of 1994 “dependent on a Government employee is entitled to appointment against a vacancy in the last rank of the non-gazetted service of Class-IV post and submits that the petitioner fulfills all the required qualifications and the norms as required under the rules.” He further submits that the petitioner has already applied before the competent authorities vide her application dated 07-12-2017 along with all required documents and submits that since the husband of the petitioner has died in harness, the petitioner is entitled to appointment under Rule 3 of the J&K Compassionate Rules of 1994.

6. Learned counsel for the petitioner submits that the sole object of the rule is to provide sustenance to the family which has been left without any means of survival that too by the untimely and sudden death of the bread earner and submits that it is the duty of the respondents to process and finalise the case in a time bound manner without any inordinate delay, as delay would be violative of Article 14, 16 and 21 of the Constitution of India.

7. Learned counsel for the petitioner has referred to a Division Bench Judgment of Hon’ble High Court of Jammu & Kashmir reporterd as State of J&K versus Safiya Begum 2011 Volume 1 SLJ 369 wherein he wants to impress that the Government employee for the purposes of the said Rules of 1994 includes a temporary and ad-hoc employee, and dependents of such employees are also entitled to compassionate appointment.

8. Learned counsel for the petitioner has also relied upon the judgment titled as Sureksha Rani versus State reported in 1999 KLJ Page 24 wherein their lordships have held that once a Daily Wager is entitled to regularization, his dependent is to be given compassionate appointment.

9. Reply stands filed by the respondents.

10. Though they were put to costs of Rs. 5000/- vide order dated 27-03-2024, the same have not been paid till date. Perusal of Para 2 reveals that the petitioner has not submitted the requisite documents such as Dependence Certificate/ D.O.B. Certificate/ Qualification Certificate, Domicile Certificate, Undertak