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IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

SWP No.856/2019

[WP(C ) 13366/2019]

CM No. 703/2019

Reserved on : 23.12.2021

Pronounced on: 31.01.2022

Mst. Shabeena Khan

.....petitioner(s)

Through :- Mr.Lone Altaf Advocate.

V/s

Director, SKIMS and another

.....Respondent(s)

Through :- Mr. Sheikh Feroz Dy.AG

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGMENT

1

The petitioner is a married daughter of late Saleema Khan,

who died in harness while serving as Senior Technician in the

Sher-e-Kashmir Institute of Medical Sciences, Soura, Srinagar [SKIMS].

On the death of her mother, namely Saleema Khan, the petitioner, claiming

to be the dependent family member of the deceased Government employee,

applied for appointment on compassionate grounds in terms of the Jammu

and Kashmir (Compassionate Appointment) Rules,1994 (for short, Rules of

1994) issued by the Government vide SRO 43 of 1994. The petitioner

claimed her dependence on the deceased mother on the ground that though

she was married, yet she was taken as Khana Nisheen daughter by the

deceased. Her case came to be processed and forwarded to the competent

Authority of SKIMS through proper channel. A certificate of dependence

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SWP 856 OF 2019

upon the deceased Government employee as is required under SRO 43 of

1994 was also issued by the Additional Deputy Commissioner, Srinagar on

06.10.2016.

2

It appears that when the matter came up for consideration

before the competent Authority of SKIMS, it was opined by the competent

Authority that the petitioner was not entitled to compassionate appointment

for the reason that under SRO 43 of 1994, a female Government servant

after marriage is not dependent upon her parents. The petitioner was

informed of the decision of the competent Authority by the Senior

Administrative Officer (Personnel) of SKIMS vide his communication No.

SIMS/Per/1180/2016-6637 dated 11.11.2016. It is this communication the

petitioner is aggrieved of and has challenged the same, inter alia, on the

ground that, the decision of the competent Authority of SKIMS to deny the

petitioner compassionate appointment in lieu of her mother who died in

harness while serving SKIMS, is based on misinterpretation and poor

understanding of SRO 43 of 1994 as amended vide SRO 201 dated

04.06.2007.

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Learned counsel appearing for the petitioner contends that

under SRO 43 of 1994, a married daughter, if dependent upon the deceased

Government employee, is not excluded and, therefore, in the face of

dependence certificate issued by the Additional Deputy Commissioner,

Srinagar on 06.10.2016, the respondent-SKIMS could not have rejected the

case of the petitioner. It is contended that the plea of the

respondent-SKIMS that the dependence certificate was issued after a lapse

of more than two years and seven months of the death of the deceased

employee was not entertainable in view of the provisions of SRO 201 of

2007, is also without any substance, in that, SRO 201 of 2007 whereby

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SWP 856 OF 2019

Rule 3(1) of Rules of 1994 was amended, only provides that no application

for compassionate appointment under the said Rules would be entertained

after the expiry of one year from the date of death of the deceased

Government employee. It is submitted by the learned counsel for the

petitioner that the dependence certificate may take some time and may be

issued after the expiry of one year, but that alone cannot be the reason to

reject the claim of dependent of the deceased Government employee.

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On being put on notice, the respondents have caused their

appearance through their counsel and have s