TARIQ AHMED WANI Vs. STATE

JUDGEMENT

(1.) Can the benefit flowing from Jammu & Kashmir (Compassionate Appointment) Rules 1994, (for short Rules of 1994) be extended to the family member of a person who dies in militancy related action outside state of Jammu and Kashmir, requires consideration and exposition.

(2.) The life of one Manzoor Ahmed wani S/o Gh. Qadir Wani R/o Yamrach Teshil Kulgam (for short the deceased), was brought to an abrupt end due to bomb explosion on 3rd of March 2000, near Surhind District Fatehgarh Punjab, when he was traveling from Jammu to Delhi. Claim was made by the Petitioner for being considered for being appointed in accordance with the mandate of Rules 1994.

(3.) The claim was initiated immediately after the death of deceased. Documents placed on record show that Naib Tehsildar sent a report to the Tehsildar Kulgam on 26th of July 2000, giving details about the family strength of Petitioner and the monthly earnings etc. The Petitioner has also placed on writ record order No. DCP/N/CA/02/170-223 dated 23rd Nov. 2002, and it is pleaded in the writ petition that appointment on compassionate grounds was offered to Zamroda Akther as one Aijaz Ahmed Palla died in similar circumstances, but the claim of the Petitioner for appointment on compassionate grounds has been rejected.