Compassionate appointments must be processed timely and cannot be denied solely based on procedural delays, especially when the applicant fulfills all requirements.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs: -

a) “Quashing the communication No. FST-SF/13/2021-02 dated 11/02/2022 issued by respondent No. 1 and the observation bearing UN No. GAD-SRO/3/2022-09-GAD dated 28-1-2022 made by respondent No. 5 which has been quoted and made part of the aforesaid communication, as being unconstitutional, illegal and contrary to the provisions of SRO 43 of 1994.

b) Directing the respondents to appoint the applicant on compassionate grounds in terms of Rules namely the J&K (Compassionate Appointment) Rules, 1994 which has been issued vide SRO 43 dated 22-2-1994 with all consequential benefits.

c) Such other additional or alternate relief which this Hon'ble Tribunal in the facts and circumstances of the case deem fit and proper be also passed in favour of the applicant and against the respondents”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Sh. Rayees Ahmed Mir, seeks compassionate appointment on account of the demise of his brother, Sh. Shakeel Ahmed Mir, who died of a heart attack on 03.12.2013. The death was duly reported to the concerned authorities and certified by both the BMO, Banihal, and the Police Station, Banihal. The applicant has passed the 10+2 examination from the J&K Board of School Education, Jammu in the year 2010 and subsequently acquired a graduation degree from Mulana Aza National Urdu University in 2014. A dependency certificate was issued by the Deputy Commissioner, Ramban on 08.01.2014, but due to clerical mistakes in recording the names of legal heirs, a corrigendum was issued on 27.10.2014 to rectify the same. Thereafter, the applicant submitted his application for appointment on compassionate grounds.

b) On 05.10.2015, respondent No. 1 directed respondent No. 2 to clarify certain facts, which were duly replied to along with submission of relevant papers. Again, on 20.02.2017, the case was returned with certain observations, which were also replied to. On 19.06.2017, respondent No. 1 directed respondent No. 2 to furnish a fresh dependency certificate, since the widow of the deceased had allegedly remarried. The SDM Banihal issued the fresh dependency certificate on 28.09.2018, stating that the widow had already solemnized her second marriage. However, another corrigendum was issued by the SDM Banihal on 03.11.2018 correcting the previous mistake where the widow was erroneously mentioned as dependent.

c) On 27.11.2018, the Tehsildar Banihal issued a legal heir certificate indicating six legal heirs of the deceased. Further, the Deputy Commissioner, Ramban certified on 13.07.2019 that none among the legal heirs was a government employee and that the element of compassion still existed. On 08.12.2020, respondent No. 1 directed respondent No. 2 to furnish some documents. Respondent No. 6 requested the District Level Compassionate Committee to issue the dependency certificate, and on 21.01.2020, the Deputy Commissioner, Ramban issued a certificate verifying the dependents. The case was placed before the Committee, and on 29.01.2020, it was certified that none of the dependents was employed and the case was covered under SRO 43 of 1994.

d) Despite these developments, respondent No. 1 returned the case on 11.02.2022, making observations that the applicant did not fall within the purview of SRO 43. Ultimately, on 19.04.2022, respondent No. 1 informed the applicant that his case had been rejected on the ground that his deceased brother had passed the 10+2 examination in 2010 and graduated in 2014, and thus the applicant was not entitled to compassionate appointment. The application for compassionate appointment had initially been submitted in 2014, and the applicant also highlighted that he was eligible for the post of Guard (10+2 qualification) and Junior Assistant (graduate