ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “Orders impugned viz.; No.388-DSEJ of 2020 dated 14.10.2020 issued by respondent no. 2 and order impugned dated 16.06.2014 issued by Respondent No. 1 rejecting the claim of the applicant for his compassionate appointment under SRO 43 of 1994, may kindly be quashed.

b) The respondents may kindly be directed to appoint the applicant against any class IV post under SRO 43 1994 and grant him all consequential benefits.

c) Pass such other order or directions as may be deemed fit by this Hon'ble Tribunal under the facts and circumstances of the case, including awarding of costs in the interest of justice and equity.".

2. The applicant has filed the present Original Application seeking quashing of Order No. 388-DSEJ of 2020 dated 14.10.2020 issued by respondent No. 2 and order dated 16.06.2014 issued by respondent No. 1, whereby his claim for compassionate appointment under SRO 43 of 1994 has been rejected. The applicant has also prayed for a direction to the respondents to appoint him against any available Class-IV post under SRO 43 of 1994 with all consequential benefits.

3. The facts, as pleaded by the applicant, are that his father, namely Late Sh. Tara Singh, was a permanent employee of the J&K School Education Department and was working as Gas Man in Government Higher Secondary School, Gurah Salathian, Tehsil and District Samba. He was appointed in the year 1984 and remained borne on the establishment of the department. The father of the applicant expired on 16.01.2012. After his death, the mother of the applicant, Smt. Sanjogita Devi, submitted an application dated 25.02.2012 before respondent No. 2 seeking grant of family pension and compassionate appointment in favour of her son, i.e., the applicant, against a Class-IV vacancy under SRO 43 of 1994.

4. The said application was forwarded by respondent No. 2 to respondent No. 3 for examination and appropriate action under rules vide endorsement dated 01.03.2012. Thereafter, respondent No. 2, vide communication/endorsement No. COS/10707 dated 14.03.2012, forwarded the matter to the Principal, Government Higher Secondary School, Gurah Salathian, with instructions to furnish a detailed report and submit the case of the applicant under SRO 43 for further necessary action. Thus, the case of the applicant was not rejected at the threshold; rather, it was processed by the respondents after the death of the deceased employee.

5. It is further pleaded that due to exchange of communications inter se the respondents and inaction on their part, the mother of the applicant also expired on 21.01.2013. It is the grievance of the applicant that neither family pension was released in favour of his mother during her lifetime, nor was the case for compassionate appointment decided within a reasonable time. The applicant has specifically pleaded that during the lifetime of his father, no notice was ever served upon him alleging unauthorized absence, nor was any disciplinary action initiated or concluded against him. No order of termination, removal or dismissal was passed against the deceased employee.

6. The applicant thereafter approached the Hon’ble High Court by filing SWP No. 2148/2016 titled Pankaj Singh vs. State of J&K and others. The said writ petition was disposed of vide order dated 09.11.2017 with a direction to the respondents to accord consideration to the case of the applicant for appointment on compassionate grounds expeditiously, preferably within six weeks. When the said direction was not complied with, the applicant filed Contempt Petition No. 35/2018. During pendency of the contempt proceedings, respondent No. 2 passed the impugned order dated 14.10.2020 rejecting the claim of the applicant by referring to the earlier order dated 16.06.2014.

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