(Reserved on 11.08.2025)

Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 61/816/2022 Pronounced on:- This the 13^th day of November, 2025 Hon’ble Mr. Rajinder Singh Dogra, Judicial Member Iram Fatima, Age 22 years, D/o Late Mohd Ayub Zargar R/O Village Bhalla, Tehsil Bhaderwah District Doda Pin 182202 ...Applicant (Through Advocate: Mr. Gagan Kohli)

Versus

1. UT OF JAMMU AND KASHMIR, Through Commissioner/Secretary to Govt.

Horticulture Department, Civil Sectt. Jammu/Srinagar 180001 Email:- Secyhortijk@gmail.com.

2. Director Horticulture Department, UT of J&K 180001

3. Chief Horticulture Officer Horticulture Department.

Doda 182202

4. Tehsildar Bhaderwah, Doda 182202 …Respondents (Through Advocate: Mr. Rajesh Thapa, A.A.G.)

O R D E R

By filing of this Original Application under Section 19 of the Administrative Tribunals Act, 1985, the following relief(s) have been prayed by the applicant:

a) Quash and set aside the communication 26.11.2019 and 08.01.2021 issued by the respondents.

b) Direct the respondents to appoint the applicant under SRO 43 of 1994 read with SRO 120 of 2018 in terms of the report dated 01.07.2019 and dated 11.01.2020 submitted by the competent authority with regard to the compassion of the applicant, in the interest of justice.

c) Any other order or direction which this Hon’ble Tribunal deems appropriate and considers the applicant entitled thereto be also issued.

2. The brief facts of the case as stated in the Original Application are that (a) the applicant's father who was working as in the Respondent Department met a road accident on 04.01.2007 and ultimately died in harness due to said road accident leaving behind Wife Smt. Ruksana Begum, one son Azhar Ayoob and two daughters namely Iram Fatima and Iqra-ul-Nisa. The wife of the deceased employee was a govt teacher and the other children of the deceased were minor at the time of the death of the deceased employee.

(b) That the wife of the deceased employee filed an application for appointment of her son namely Azhar Ayoob on compassionate grounds under SRO 43 in the year 2007 but the son of the deceased employee did not show any interest for employment on attaining the age of majority.

(c) In the year 2019, the applicant becomes major and the widow of the deceased employee again forwarded the case of her elder daughter i.e. applicant herein for appointment on compassionate grounds under SRO 43 of 1994.

(d) The applicant completed all the requisite formalities and also filed an application to the Tehsildar, Bhaderwah for issuance of certificate under SRO 120 dated 05.03.2018.

(e) That the Tehsildar conducted an enquiry of the applicant with regard to the aforementioned conditions given by the Add. Deputy Commissioner Bhaderwah and submitted a detailed enquiry along with all the requisite documents to the ADC Bhaderwah. The ADC, Bhaderwah vide communication dated 01.07.2019 certified that the mother of the applicant is a government employee but the applicant is still unemployed and compassion is still existing for the applicant.

(f) That pursuant to the certification given by the ADC Bhaderwah vide communication dated 1.07.2019 and report submitted by Addi Deputy Commissioner Bhaderwah dated 10.01.2020, the Deputy Commissioner Doda vide communication 11.01.2020 also issued certification that the father of the applicant was serving as HDO Horticulture Development Department and died in harness on 4.01.2007. The Deputy Commissioner Doda also observed that the mother of the applicant was a govt employee in the education department and the other dependent family member of the deceased was/is not a permanent govt employee and the element of compassion is still existing in the family and issued the clarification in pursuance to SRO 120 of 2018 dated 5.03.2018.

(g) That the applicant after completing all the requisite formalities approached the Chief Horticulture Officer Doda for compassionate appointment under SRO 43 vid