SAQIB AYUB KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 05.04.2019 passed by the learned Writ Court dismissing the appellant's writ petition, SWP No. 581/2018, seeking compassionate appointment against the higher post in the non-gazetted service of the Power Development Department, having completed / acquired his Bachelor of Technology (Electrical and Renewable Energy Engineering) during the pendency of his application, in terms of subrule (2) of Rule 3 of the Jammu and Kashmir Compassionate Appointment Rules, 1994, and on the analogy of similarly placed persons specified in the writ petition. The relevant facts are noted hereunder.

(2.) The appellant's mother, Mst. Musharaf Ayub Khan, who was holding the post of Master at Government Middle School (Boys), Numchibal, Zone Rainawari, Srinagar, died in harness on 14.12.2013. At that time, the appellant was studying in 2nd year of B. Tech course. He, claiming to be the sole dependent family member of the deceased government employee, made an application dated 16.01.2014 to the Zonal Education Officer, for his compassionate appointment under the Jammu and Kashmir Compassionate Appointment Rules, 1994, promulgated vide SRO 43 of 1994 (hereinafter SRO 43). The appellant's application was processed but it remained pending consideration with the Government/competent authority while the appellant completed his B. Tech. in Electrical and Renewable Energy. He brought this fact to the notice of the concerned respondent(s) vide his application dated 13.10.2016 and requested that his case for compassionate appointment may be considered in the related Department commensurate with his acquired qualification.

(3.) On the appellant having made the above application dated 13.10.2016, the Director, School Education, Kashmir, wrote communication no. Estt.-IIl/NG/A/741/SRO-43/35 dated 09.01.2017 to the Commissioner/Secretary to Government, Education Department, in this behalf. It appears that the matter was referred to the General Administration Department (GAD). The GAD, on its part, sent OM no.GDC-124/CM/2017-SRO dated 18.04.2017 to the Commissioner/Secretary to Government, Power Development Department, to identify a post commensurate to the qualification of the appellant. In response to the OM, the Under Secretary to Government, Power Development Department, wrote back to GAD identifying one vacant post of Junior Engineer (Electric) in M&RE Wing, Kashmir.