SURWA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER is seeking compassionate appointment for her daughter on ground of death in harness of her son Javid Iqbal Qadri in September, 1997 while posted as Medical Assistant at D.H. Pora, Anantnag. She is also questioning the appointment of Mst. Mehbooba, the widow of deceased Javid Iqbal Qadri, (her daughter in law), under Compassionate Appointment Rules (SRO 43 of 1994). Respondents 1 to 4 and respondent 5 have filed reply separately.

(2.) PARTIES are heard at this pre -admission stage. It is not in dispute that Javid Iqbal Qadri, a Medical Assistant of Health Department of the State, died in harness in September. 1997. It is not also in dispute that said Javid Ahmad is survived by his widow Mehbooba, respondent No. 5: mother, Mst. Sarwa (petitioner), Sister, Suraya Jabeen and two other minor girls.

(3.) RULE 4 of the J&K Compassionate Appointment Rules 1994 (here after Rules), provides for appointment of a Ëœfamily memberâ„¢ of a Government employee who dies in harness due to a cause other than militancy related action (as in this case). ËœFamily memberâ„¢ within the meaning of Rule 2(d) includes spouse  son, daughter, adopted son, adopted daughter, sister or brother, wholly dependent on the deceased. Respondent No. 5 widow of the deceased on her application was granted required certificate. In terms of this certificate dated 05 -08 -1998, not only she, her two daughters, deceasedâ„¢s mother and sister are also shown as members of the family.