Compassionate appointment claims governed by rules on date of consideration, not death; married son ineligible under SRO-120 amendment applicable to pending cases; age/qualification shortfalls bar relief absent granted relaxation.

O R D E R (FINAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Through the medium of the instant petition, the petitioner seeks for the following reliefs-.

(a)In the premises, it is, therefore, prayed that the non-applicants, more particularly non-applicant No.2, be directed to appoint the applicant on Class- IV post on compassionate grounds in tune with the mandate of SRO-43 of 1994 forthwith, as was in vogue at the relevant point of time.

(b) Any other order or direction which this Hon’ble Tribunal deems fit and proper, in the attending facts and circumstances of the case, may also be passed in favour of the applicant and against the non-applicants

02. The applicant has filed the present application seeking compassionate appointment on account of the death of his father, Ghulam Rasool Rather, who died in harness on 25th June, 2015 while serving as an Orderly in the District Soil Conservation Department, District Srinagar/Ganderbal, leaving behind his widow and the applicant as his dependent family members.

03. It is pleaded that the death of the sole breadwinner left the family in financial distress and, accordingly, the applicant submitted an application in the year 2015 seeking appointment on compassionate grounds in terms of SRO-43 of 1994 as it then stood in force.

04. Upon receipt of the application from the Zonal Office, Kangan, the Director, Soil and Water Conservation Department (Respondent No. 3), in terms of communication dated 24th July, 2015 (Annexure-I), asked the Zonal Officer, Kangan, to furnish the requisite documents before proceeding further in the matter. The Zonal Officer, Soil Conservation Office, Zone Kangan, after receiving the requisite documents (Annexure-III) from the applicant, forwarded the same to Respondent No.3

05. Thereafter, Respondent No. 3, Director, Soil and Water Conservation Department, J&K, Kashmir, Srinagar, examined the case and forwarded the same to Respondent No. 2 vide communication dated 27th October, 2016 (Annexure-III). It was communicated that the department had received a case of compassionate appointment under SRO-43 of 1994. The deceased, Ghulam Rasool Rather, was serving as an Orderly at the time of his death, and the applicant was his dependent son, as certified by the Deputy Commissioner, Ganderbal, vide certificate dated 25th January, 2016. It was further indicated that the applicant’s age, as verified by the Principal, Government Higher Secondary School, Safapora, was 37 years, 11 months and 2 days as on 01.01.2016, necessitating relaxation in age under the relevant rules for consideration against a Class-IV post. The department also pointed out that no Class-IV post was presently available and referred the matter under Rule 4(i) of the J&K (Compassionate Appointment) Rules, 1994 for further necessary action.

06. Thereafter, in terms of letter dated 22nd December, 2016 (Annexure-IV), certain queries were made by Respondent No. 2 regarding the age difference between the deceased and the applicant, which were duly clarified by Respondent No. 3 in terms of letter dated 25th July, 2017 (Annexure-V) upon verification from the issuing authority, namely the Principal, Government Higher Secondary School, Safapora. The age particulars of the applicant were authenticated and the correct ag