CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No.432/2020 Reserved on: - 11.03.2025 Pronounced on: - 25.08.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Shamsheer Hussain, age 22 years S/o Late Sh. Munir Hussain R/o Chandak, Tehsil Haveli, District Poonch (J&K).

…Petitioner (By Advocate: - Mr. Anuj Dewan Raina)

VERSUS

1. State of Jammu and Kashmir Through Commissioner/Secretary, Home Department, Govt. of J&K, Civil Secretariat, Jammu/Srinagar.

2. The Director General of Police, Government of Jammu and Kashmir, J&K Police Head-quarters, Jammu.

3. The Sr. Superintendent of Police, District Poonch (J&K).

…Respondents (By Advocate: - Mr. Hunar Gupta, DAG)

HARSHIT Digitally signed ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1609/2019 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/432/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Allow this writ petition of the petitioner.

b) Certiorari seeking quashment of impugned communication No.Pers-A-168/2016-48430 dated 11.07.2018 whereby the claim of the petitioner for compassionate appointment against the post of constable has been rejected.

c) Mandamus declaring the impugned SRO 376 of 2017 dated 11-

09-2017 as inoperative and in applicable to the case of the petitioner pending with the authorities prior to the issuance of the SRO 376 of 2017 d) Mandamus commanding the respondents to treat the petitioner eligible to be considered for appointment on compassionate grounds in terms of SRO-43 of 1994 against the post of constable w.e.f the petitioner became eligible and the respondents received the application for appointment and with consequential service benefits.”

HARSHIT Digitally signed

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a citizen of India and a permanent resident of the erstwhile State of Jammu & Kashmir, entitled to the enjoyment and protection of fundamental rights under Part III of the Constitution of India as applicable to the State of J&K.

b) The petitioner has invoked the extraordinary writ jurisdiction of the Hon’ble Court under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K, challenging the inaction of the respondents and the rejection of his claim for compassionate appointment through impugned communication No. Pers-A-168/2016-48430 dated 11.07.2018.

c) The petitioner’s father, Late Sh. Munir Hussain, serving as Assistant Sub-Inspector (PID No. EXJ-786195) in the Police Department, died in harness on 07.06.2013 at District Hospital, Poonch, aged 57 years and eight months. Death certificate dated

12.06.2013 is Annexure-II.

d) At the time of his father’s death, the petitioner was 16 years, 6 months, and 21 days old—below the minimum age prescribed for Government service under the J&K Civil Services HARSHIT Digitally signed (Classification, Control and Appeal) Rules, 1956. As a minor, he could not immediately apply for compassionate appointment under SRO 43 of 1994.

e) The petitioner was issued a Dependent Certificate by the Deputy Commissioner, Poonch vide No. ACR/PRC CELL/32 dated 25.07.2013.

f) After completing the requisite formalities, the Police Headquarters, J&K, Srinagar forwarded the petitioner’s case on 29.11.2016 to the Home Department for appointment as a Constable in relaxation of rules under SRO 43. The Home Department, vide letter dated 27.01.2017 (Annexure-V), rejected the case as “time-barred.”

g) The petitioner contends that the rejection was contrary to law, as he was a minor when his father died and therefore could not have applied earlier.

h) Upon representation, the respondents conducted the petitioner’s medical examination for the post of Constable under SRO 43, issuing age and health certi