Excelsior Correspondent
SRINAGAR, Sept 6: Observing that the authorities are applying different yardsticks in compassionate appointments, the High Court has directed the authorities to appoint the aggrieved person on compassionate appointment with relaxation of his age and qualification.
The brother of the petitioner-Zahoor Ahmad Khan was killed by gunmen in 1994. An FIR was also stated to have been registered with the concerned Police Station in this regard.
The case set up by the petitioner manifestly demonstrates that the authorities have been in some cases denying the appointment on compassionate grounds and in some cases providing cash compensation in lieu of compassionate appointment and his case for compassionate appointment has been pending consideration before them since 2007.
Justice Javed Iqbal Wani while accepting the plea of petitioner directed the authorities to offer him compassionate appointment under and in terms of the provisions of SRO 43 of 1994.
Court also directed them that in the process of appointment also accord relaxation, if required, in his age and qualification in lieu of the cash compensation awarded vide Order No. DCK/R/546 of 2013 dated 29.03.2013 without any further delay preferably within a period of six weeks.
Court said, the respondents manifestly have delayed the consideration of case of the petitioner till 2013 when they claimed to have sanctioned cash compensation in his favour in lieu of compassionate appointment under and in terms of the provisions of SRO 199 of 2008 dated 04.07.2008.
“The claim lodged by the petitioner in the petition for compassionate appointment cannot be overlooked by this Court and the case set up by the petitioner manifestly demonstrates that the respondents have been applying different yardsticks in the cases of compassionate appointments”, Justice Wani recorded.
Court further added that the authorities in some cases have been extending relaxation both in age and qualification and in some cases denying the same so much so in some cases offering appointments on compassionate grounds even after issuance of SRO 199/2008.
The respondents, court said, admittedly, they have unilaterally offered cash compensation to the petitioner in lieu of compassionate appointment and deposited with the bank without any demand or acceptance by the petitioner.
The said exercise, court added, seemingly has been undertaken by the respondents in order to defeat the rightful and legitimate claim of the petitioner lodged at the appropriate time with the respondents for compassionate appointment. “In the light of what has been observed, considered and analysed, the impugned communication dated 19.10.2016 is not legally sustainable”,
The communication dated 19.10.2016 was issued by the authorities declining to offer compassionate appointment to the petitioner under SRO 43 on the sole ground that he was under age at the time of the death of his brother, thus, not being eligible, instead holding him entitled to a cash compensation of Rs 4 lakhs.
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