STATE OF J&K Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 19.3.1998 passed by a learned Single Judge of this Court in SWP No. 172/97 wherein following directions have been given ;

(2.) ADMITTED facts of this case are that Late Shri Harbans Singh was working as a driver in J&K State Motor Garages. He died on 20.9.1989. Date of birth of the petitioner is 2.7.1973. On the date of filing of this writ petition vide SRO No. 43/94 State Government in exercise of powers vested under section 124 of the Constitution of J&K had promulgated the J&K (Compassionate Appointment), Rules 1994 which were deemed to have come into force with effect from 24th September, 1991. This SRO appealed The J&K Appointment on Compassionate Ground Rules, 1991 issued vide SRO 283 of 1991. Date of issue of this SRO was 24th September, 1991 and this SRO was to come in force at once. When this SRO of 1991 was issued, SRO 194 of 1989 dated 18th May, 1989 i.e. The J&K Government Employees (Death in Harness) Dependants Appointment Rules. 1989 were in force. A narration of these facts shows that SRO 194/89 was repealed vide SRO 283/91 and this SRO was repealed vide SRO 43/94.

(3.) BY means of impugned judgment direction has been issued to the appellants to consider the case of the respondent in terms of Rules of 1989 and pass orders in terms thereof.