The right of a minor child to seek compassionate appointment is preserved, and the limitation period for applying for such appointment commences from the date the child attains the age of majority.

ORDER

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The applicants by way of this O.A. has prayed for the following reliefs:

a) the applicant is seeking the quashment of speaking order issued by the respondent No. 3 dated 14.10.2024bearing no. Agri/DAJ/Estt-01/2024-25/3058-63, passed pursuant to the order of this hon'ble tribunal dated 09.07.2024 in OA bearing no. 690/2024 in the case titled "Apranji Sharma v/s J&K and Ors.", whereby the respondents have rejected the case of the applicant for appointment under SRO-43 and its later amendments;& the applicant is seeking the quashment of earlier order/communication issued by the respondent no. 2 dated 24.08.2020 bearing no. Agri/NG/SRO-43/16/2019 & quashment of another earlier order/communication issued by the respondent no. 4 dated 26.09.2020 bearing no. Agri/DAJ/Estt-PF/2020/2361 & quashment of another earlier order/communication issued by the respondent no. 4 dated 01.10.2022 bearing no. Agri/DAJ/Estt-PF/2020/2361, whereby the case of the applicant for compassionate appointment under SRO -43 of 1994 was earlier rejected prior to the filling of the aforementioned OA No. 690/2024 by the applicant. Copies of the aforementioned impugned orders dated 14.10.2024,24.08.2020, 26.09.2020 & 01.10.2022 are enclosed herewith and marked as Annexure- Al, Annexure-A2, Annexure-A3 and Annexure-A4.

b) The applicant is further seeking quashment of SRO-120 dated 05.03.2018 issued by the Government of Jammu and Kashmir, General Administration Department whereby an amendment has been made in the SRO-43 of 1994 in its rule 5 and a new sub-rule 6 has been added to rule 5 of the said SRO whereby two new conditions have been imposed restricting the eligibility for appointment under the compassionate appointment rules being that only unmarried widow, son and daughter of the deceased government employee is eligible and the second, which is germane to the present controversy, being that none of the dependants of sherethe deceased should be a government employee and the applicant is also seeking the quashment of the SRO 120 especially to the extent of the explanation added to the sub-rule 6 in rule 5 of the Jammu and Kashmir Compassionate appointment Rules 1994 where by the said SRO 120 of 2018 has been made applicable to only pending/rejected cases, being against the law laid down by the Hon'ble Supreme Court and against the principles of natural justice and equity;

c) The applicant also is seeking appointment commensurate to her qualification on companionate grounds under SRO 43 of 1994 r/w SRO 177 of 2014 after the death of her father who died in harness working as Sub-Divisional Agricultural Officer, Billawar on 23.10.2008;

The facts of the case as projected in the instant OA are as follows:

i) That the father of the applicant, namely Late Sh. Gopal Dass Sharma, son of Lt. Sh. Munshi Ram Sharma, died in harness working as Sub-Divisional Agricultural Officer, Billawar on 23.10.2008.

ii) That the deceased father on his death, left behind the mother of the applicant, namely, Promilla Sharma & the applicant who all were dependent upon the deceased. That after the death of the deceased the applicant, through her mother (being a minor at the time), immediately approached the concerned Tehsildar for grant of Legal Heir Certificate to avail benefit under SRO 43 of 1994 and also applied for the Dependency Certificate before the Assistant Commissioner Revenue Kathua. Thereafter, the dependency certificate was issued in the favour of applicant by the Assistant Commissioner Revenue, Kathua 31.08.2009 vide no. DCK/Misc/2009-10/819 and thereafter the Tehsildar Kathua also issued a fresh Legal Heir Certificate in favour of the applicant dated 09.09.2009 bearing no. 328/Sts.

iii) That at the time of death of the deceased father, the applicant was minor as such she was not eligible for appointment, however she still applied for appointment under SRO-43 through her mother on 27/02/09 (within one year of death of