STATE OF J&K Vs. GHULAM MOHAMMAD BANDAY

JUDGEMENT

(1.) This intra-Court appeal by the erstwhile State of Jammu and Kashmir (now Union Territory) is directed against the order and judgment dated 9th of August, 2018, passed by the learned Single Judge ["the Writ Court"] in SWP No. 1662/2916 titled Ghulam Mohammad Banday vs. State of J&K and Ors. The Writ Court has allowed the writ petition of the respondent ["the writ petitioner"] and has quashed the consideration order issued by the appellants vide Government order No.274-PW(R&B) of 2016 dated 5th of September, 2016, with a direction to the appellants to appoint the writ petitioner on any Class-IV post on compassionate basis within a period of six weeks.

(2.) The appellants being dissatisfied and aggrieved of the judgment of the Writ Court have filed the instant appeal, primarily, on the ground that the Writ Court has not correctly appreciated the clear provision made in SRO 122 of 1983, which was in force at the time of death of deceased father of the writ petitioner, providing for age relaxation of four years. The writ petitioner at the time of death of the deceased employee was only eight years old and thus required age relaxation of ten years which was not permissible under SRO 22 of 1983. That apart, the appellants have also sought to challenge the impugned judgment on the ground that granting compassionate after ten years of death of the deceased employee would defeat the object behind the compassionate appointments which are granted by the State by way of an exception to the general rule that all appointments to public service are to be made on the basis of regular selection process giving opportunity to all eligible candidates.

(3.) Before adverting to the grounds of challenge urged by the appellants and analyze the reasoning of the Writ Court, we think it appropriate to briefly notice few material facts.