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2026 Supreme(Online)(CAT) 1220
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Ram Mohan Johri, JJ
Som Bahadur – Appellant
Versus
State of J&K – Respondent
Transfer Application No. 781/2021|SWP No.1824/2018
For the Appellants/Petitioners: Mr. Virender Dev Singh
For the Respondents: Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, Ld. DAG
Compassionate appointment is not a vested right but a narrow exception to address immediate financial crisis; delay defeats its object, and statutory exemptions do not bypass mandatory eligibility conditions.
Headnote:(A) Jammu and Kashmir Civil Service Regulations, 1956 - Exception-I to Article 35-B (Gorkha exemption) - SRO-43 of 1994 - Compassionate Appointment - Claim for compassionate appointment based on death in harness of father - Petitioner failed to establish eligibility due to non-possession of Permanent Resident Certificate and other documentation discrepancies - Exception-I to Article 35-B does not automatically confer a right to compassionate appointment - Claim still subject to fulfillment of mandatory eligibility conditions under SRO-43 of 1994. (Paras 17, 18, 19)
(B) Compassionate Appointment - Nature and Object - Not a mode of regular recruitment or a hereditary right - Narrow exception to meet immediate financial crisis arising from death in harness - Not a vested right - Subject to strict scrutiny of eligibility and policy conditions - Delay defeats the very object - Claims pressed after long passage of time dilute the foundation. (Paras 11, 12, 13, 14, 16)
Facts of the case:
The petitioner, Som Bahadur, claimed compassionate appointment under SRO-43 of 1994 after his father, Late Shri Ram Bahadur, a regular employee of the Power Development Department, died in harness on 05.05.2010. The petitioner submitted representations but no final decision was taken. The respondents opposed the claim on grounds that the petitioner was not a permanent resident/hereditary state subject and thus ineligible under Rule 17 of the J&K Civil Services (CC&A) Rules, 1956.
Findings of Court:
The Tribunal held that the petitioner has failed to establish an enforceable right to compassionate appointment under SRO-43 of 1994. The claim suffers from multiple legal and factual infirmities, including delay, disputed eligibility, and lack of clear proof. The direction to appoint cannot be granted unless a clear, enforceable right is established.
Issues: The main issues were: (i) Whether the applicant has established eligibility for compassionate appointment under SRO-43 of 1994? (ii) Whether Exception-I to Article 35-B CSR (Gorkha exemption) can overcome eligibility objections? (iii) Whether the claim meets the core object of compassionate appointment? (iv) Whether any enforceable right survives warranting a mandamus to appoint?
Ratio Decidendi: Compassionate appointment is not a vested right but a narrow exception to meet immediate financial crisis arising from death in harness. The Exception-I to Article 35-B CSR (Gorkha exemption) does not automatically confer a right to compassionate appointment; the claim must still pass through mandatory eligibility filters. Delay in pressing the claim defeats the very object of compassionate appointment.
Result: Transfer Application dismissed.
| Table of Content |
|---|
| 1. background and pleadings of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. heard counsel and perused record. (Para 6) |
| 3. nature of claim and issues framed. (Para 7 , 8 , 9 , 10) |
| 4. settled law on compassionate appointment. (Para 11 , 12) |
| 5. delay defeats object of compassionate appointment. (Para 13 , 14 , 15 , 16) |
| 6. gorkha exemption does not confer automatic right. (Para 17 , 18 , 19) |
| 7. mandamus requires clear enforceable right. (Para 20 , 21) |
| 8. application dismissed with direction for final order. (Para 22 , 23 , 24) |
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
