Back
2026 Supreme(Online)(CAT) 2515
CENTRAL ADMINISTRATIVE TRIBUNAL
Ritu Tagore, Member (Judl.)
Ghulam Hassan Rather – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
O.A. 359/2022
Important Points
Subject
Service Law - Compassionate Appointment
Act Referred
SRO-120 of 2018
SRO-99 of 2008
Constitution of Jammu and Kashmir: S.124
Constitution of India: Art.14, Art.16
J&K (Compassionate Appointment) Rules, 1994
Headnote
(B) Service Law - Compassionate appointment - Not vested right or matter of course - Exception to recruitment rules, strictly per scheme - No interference absent arbitrariness; administrative delays for verification not fatal if bona fide. (Paras 37, 41-43)
Facts of the case:
Deceased employee died in harness on 25.06.2015 leaving dependent son (applicant, aged ~37, 9th pass, married). Applicant applied for Class-IV post under SRO-43. Case processed with requests for age/qualification relaxation and vacancy, but pending when SRO-120 issued. Re-examined; rejected as married, overage, underqualified.
Findings of Court:
Application of SRO-120 to pending case valid per Explanation; applicant ineligible as married son; failed age/qualification norms; no right to relaxation; processing not arbitrary.
Issues: (1) Applicability of SRO-120 to pending application; (2) Eligibility despite marital status, age, qualification deficiencies; (3) Effect of administrative delays.
Ratio Decidendi: Compassionate claims considered per rules on date of decision, not death; married son ineligible under amendment; discretionary relaxation not enforceable without compliance; scheme purpose not sympathetic override of mandatory criteria.
Result: Application dismissed.
For the Appellants/Petitioners: Mr. Nisar Ahmad Bhat
For the Respondents: Mr. Syed Musaib, DAG
| Table of Content |
|---|
| 1. applicant's arguments against delay and retrospective application. (Para 10 , 11 , 17 , 18 , 19 , 20 , 21) |
| 2. respondents' objections on qualifications and sro-120 applicability. (Para 12 , 13 , 14 , 15 , 16 , 22 , 23 , 24 , 25 , 26) |
| 3. court review of case processing and facts. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. sro-120 amendment limits to unmarried dependents. (Para 34 , 35) |
| 5. rules apply as on consideration date, per supreme court. (Para 36 , 37 , 38) |
| 6. discretionary relaxation for age/qualification not enforceable. (Para 39 , 40) |
| 7. compassionate appointment strictly per rules, no vested right. (Para 41 , 42 , 43 , 44) |
| 8. application dismissed for non-eligibility. (Para 45 , 46 , 47) |
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
