ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1824/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.781/2021 by the Registry of this Tribunal.

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

a) “Direct the respondents to issue the orders of appointment of the petitioner as permanent class ivth in the department while giving the benefit of SRO -43 of 1994

b) To issue direction to the concerned officials/respondents for condoning and relaxation of the age if any falls in the way of service appointment of the petitioner under SRO 43 of 1994 since the petitioner has represented his case in the age of 34 And

c) To pass any other order or direction whatsoever the Honble court may deem fit and proper under the facts and circumstances of the case as it is in the interest justice.

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. 1824/2018, which was initially filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal and registered as TA No. 781/2021. The applicant seeks compassionate appointment under the provisions of SRO-43 of 1994.

b) The applicant, Som Bahadur, claims to be the dependent son of Late Shri Ram Bahadur, who was serving in the Power Development Department (PDD), Trans Line Maintenance Division-I, Janipur, Jammu. It is stated that the father of the applicant was initially engaged as a PDL and was later brought on the regular establishment vide order dated 21.04.1989 issued by the Chief Engineer, EM & RE Wing, Jammu. During his service career, he was promoted to the post of Technician-IV and was lastly posted in the System & Operation Wing (now JKPTCL), Jammu, under the administrative control of the Executive Engineer, TLMD-I, Janipur. His service record, according to the applicant, remained satisfactory throughout.

c) It is the admitted position that Late Shri Ram Bahadur died in harness on 05.05.2010 while continuing in active service. Upon his death, he left behind his widow and other family members, including the applicant. The applicant claims that due to the sudden demise of the sole breadwinner, the family was left in acute financial distress, compelling him to seek compassionate appointment under SRO-43 of 1994.

d) The applicant asserts that he approached the Deputy Commissioner, Jammu, for issuance of a dependent certificate. After obtaining verification from the Tehsildar, Jammu, a dependent certificate was eventually issued in his favour on 08.03.2014. Thereafter, the applicant submitted representations to the concerned departmental authorities, including the Executive Engineer, TLMD-I, and higher authorities in the Power Development Department, seeking compassionate appointment to a Class-IV post, asserting that he possessed the requisite qualification for such appointment.

e) The record reveals that the applicant’s case moved through multiple levels of departmental correspondence between 2012 and 2017. Various communications were exchanged between the Executive Engineer, Chief Engineer (System & Operation Wing), Development Commissioner (Power), and the Administrative Department. During this period, certain clarifications and documents were sought from the applicant, including proof relating to his dependency, residential status, and other eligibility conditions under SRO-43 of 1994.

f) The applicant contends that despite repeated communications and even identification of a vacant Class-IV post, no final decision was taken by the respondents, compelling him to approach the Hon’ble High Court. The applicant alleges that the inaction of the respondents is arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution. He further claims that similarly situated persons have been granted compassionate appointment, whereas his case has been unj