Excelsior Correspondent
JAMMU, July 24: State High Court has held that the appointment on compassionate ground cannot be claimed as a matter of right as it is a concession meant to provide for a minimum relief to the family of the employee, who dies in harness.
These observations were made by the High Court in a petition filed by Mohammad Shaft Sofi seeking compassionate appointment under SRO-43 of 1994 in place of his father, who died due to heart attack.
The application of the petitioner, after being processed from one office to another, came to be forwarded to the Divisional Forest Officer, Pir Panjal Forest Division, Budgam, who, in terms of communication bearing No. DFO/PP/3602-03/Estt dated 2nd of September, 2011, addressed to the Conservator of Forests, Srinagar Circle recommended the case of the petitioner for considering his appointment against a vacant post of Forest Guard under the Rules of 1994.
However, the respondent while ignoring the recommendations of the Divisional Forest Officer concerned, appointed the petitioner against a Class IV post of orderly vide order No. 3760 of 2011 dated 22nd of December, 2011.
Feeling aggrieved, the petitioner made several representations to the respondents seeking review of his appointment order by adjusting him against the post of Forest Guard/ Junior Assistant, but, fate had it for him that these representations fell on deaf ear and no action in respect thereto was taken by the respondents, which compelled the petitioner to approach the High Court.
In the writ petition, the High Court, while issuing notice to the other side, directed the respondents to consider the representation of the petitioner forwarded by the Conservator of Forests, Srinagar Circle, to Chief Conservator of Forests, Kashmir. During the pendency of the petition, the Chief Conservator of Forests, Kashmir, in terms of order issued vide endorsement No. CCF(K)/Admn/2015/4770-76 dated 27th of November, 2015, rejected the claim of the petitioner. This consideration order dated 27th of November, 2015 was challenged by the petitioner.
While dismissing the petition, Justice Ali Mohammad Magrey observed, “the post, under compassionate appointment, is not offered to cater to his status, but to see the family through the economic calamity”.
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