Compassionate appointment eligibility is determined by the applicant's age at the time of the deceased's death, with amendments allowing a five-year timeframe from the later death of a family member.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

The instant Original Application has been filed by the applicants under Section 19 of Administrative Tribunals Act, 1985 making therein the following reliefs: -

“i. Quashing/setting aside the communication bearing No. GB/GO’s/05/IR-11 /23/11105-109, dated 11-7-2023, issued by respondent No. 4, whereby, the applicant has been informed that his case for appointment on compassionate grounds in terms of the provisions of SRO 43 of 1994 read with SRO 177 of 2014 dated 20-6-2014 was not covered, as being unconstitutional, illegal and contrary to the aforesaid provisions;

ii. Directing the respondents to appoint the applicant as constable in the Department on compassionate grounds with all consequential benefits.”

Facts of the case, in a nutshell are: -

The applicant is seeking quashment/setting aside of the communication bearing No. GB/GO’s/05/IR-11th /23/11105-109, dated 11-7-2023, issued by respondent No. 4, whereby, the applicant has been informed that his case for appointment on compassionate ground in terms of the provisions of SRO 43 of 1994 read with SRO 177 of 2014 dated 20-6-2014, was not covered, with a further direction to the respondents to appoint the applicant as constable in the Department on compassionate grounds with all consequential benefits.

2. The father of the applicant Sh. Abdul Majeed Sheikh was appointed as constable in the J&K Armed Police. Subsequently, he was promoted to the rank of Head Constable bearing NO. 09/IRP in 11th Bn. In the years 2011-2012, he was posted in IRP 11th Bn, Miran Sahib (Simbal Camp). It is submitted that he was a dedicated and honest police officer. He was performing the duties to the entire satisfaction of his higher officials. By dint of his hard work and excellent performance, he was promoted to the rank of Head Constable. Unfortunately, during the course of his employment and duty, at Miran Sahib (simbal Camp), due to fall, he got injured and was taken to GMC, Jammu, where, he was admitted. He remained under treatment in the aforesaid hospital. But he died on 8-3-2012. However, a copy of the death certificate issued by Jammu Municipal Corporation dated 2-4-2012. Deceased Sh. Abdul Majeed Sheikh left behind the following legal heirs: -

i. Mst. Gulnaza Begum (wife)

ii. Sh. Shahbaz Majeed (son)

iii. Sh. Shahid Majeed (son)

iv. Razia Majeed (daughter)

v. Saima Majeed (daughter)

The wife of the deceased Mst. Gulnaza Begum was/ is housewife. All her four children were school going students. Because of untimely death of Sh. Ab. Majeed Sheikh, the family suffered not only mental agony, but also financially. The deceased was the only bread earner for the family. In these circumstances, the eldest son of the deceased namely Sh. Shahbaz Majeed left his studies and applied for appointment on compassionate grounds in terms of SRO 43 of 1994. His case for compassionate appointment was processed by the Department. All the formalities as required for compassionate appointment were provided and completed by the respondents.

3. Respondent No. 2, vide PHQ Order No. 2425 of 2017, dated 19- 7-2017, accorded approval for the appointment of Sh. Shahbaz Majeed as constable in the J&K Armed Police under SRO 43 of 1994. In pursuance of the aforesaid approval, the respondent No. 3, issued order No. 553 of 2017 dated 28-7-2017, whereby, the respondent No. 4, was directed to issue the formal appointment order in favour of Sh. Shahbaz Majeed Sheikh subject to fulfillment of eligibility criteria prescribed for the said p