Compassionate appointment discretion under rules must be non-arbitrary, ensuring parity with similarly situated higher-qualified dependents.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.4500/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3761/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

(a) An appropriate writ, order or direction in the nature of writ of certiorari quashing the decision of respondent no.1 as contained in Police Headquarters J&K Jammu/Srinagar's letter No. Pers- A-140/2017/58083-84 dated 26.09.2019 of offering the appointment to the post of Follower to the petitioner under the J&K Compassionate Appointment Rules, 1994 (SRO 43 of 1994) being totally illegal, contrary to the J&K Compassionate Appointment Rules, 1994 (SRO 43 of 1994) and not commensurate to the qualification of the petitioner being MBA.

(b) An appropriate writ, order or direction mandamus commanding the respondent no.1 to consider the case of the petitioner for his appointment against a non-gazetted post either in Police Department or recommend his case to the respondent no.2 for his appointment on compassionate grounds against any civil post commensurate to his qualification being B.Sc. MBA on the same analogy and methodology on the basis of which cases of various similarly situated persons details whereof given in the body of the petition, have been recommended to General Administration Department by the Home department and they have been appointed against civil posts.

(c) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

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

a) The present Transfer Application arises out of SWP No. 4500/2019, originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu, which on transfer stood registered as T.A. No. 3761/2020 before this Tribunal. The applicant seeks redressal against the decision of the Home Department, Government of Jammu and Kashmir, whereby he was offered appointment on compassionate grounds to the post of Follower in the J&K Police under the Jammu and Kashmir Compassionate Appointment Rules, 1994 (SRO-43 of 1994), which according to him is wholly arbitrary, discriminatory, and grossly disproportionate to his educational qualifications.

b) The applicant is the son of late ASI Romesh Chander, who was serving in the J&K Police and died in harness on 04.03.2017 while on official duty, having met with a fatal road accident. Consequent upon his death, the name of the deceased employee was struck off from the rolls of the Police Department with effect from the date of death. The applicant and his mother were duly declared as dependents under SRO-43 of 1994 by the competent authority, and the applicant thereafter sought appointment on compassionate grounds to mitigate the financial hardship caused by the untimely demise of the sole breadwinner of the family.

c) It is the specific case of the applicant that he is a highly qualified person, possessing a B.Sc. degree, a Post-Graduate Diploma in Business Management, and a Master’s Degree in Business Administration, and was unemployed at the time of the death of his father. He submitted a representation dated 02.06.2017 to the Senior Superintendent of Police, Jammu, seeking compassionate appointment in a civil or non-gazetted post commensurate with his qualifications. His case was duly processed at various levels and was recommended by the Senior Superint