AZHAR MIRZA Vs. STATE

JUDGEMENT

(1.) The controversy involved in the writ petition on hand is as to whether the Respondents can be directed to consider the case of the Petitioner for appointment on compassionate grounds in terms of SRO 43 of 1994. In order to determine the same, it is necessary to give a brief resume of the case, the womb of which has given rise to the institution of the writ petition on hand.

(2.) It is submitted in the writ petition that one Shri Gulzar Hussain Sarwar, father of the Petitioner who was on deputation with the Jammu & Kashmir State Board of School Education, was murdered on 5th of June, 1994, at Jammu. Consequently, the Petitioner filed an application for appointment under the Jammu & Kashmir (Compassionate Appointment) Rules, 1994, after a lapse of three and a half years and after completing his diploma training course in Electronics from Regional Polytechnic Kunjwani Jammu. The application of the Petitioner was not considered which constrained the Petitioner to file SWP No. 2199/1999. After considering that writ petition, this Court vide order dated 29.12.1999, directed the Respondents to consider the case of the Petitioner for compassionate appointment. Respondents failed to comply with the direction aforementioned which forced the Petitioner to file contempt petition (Cont. No. 162/2001). The Respondents appeared in the matter and disclosed in their statement of facts that they have considered the case of the Petitioner but Petitioner was not found entitled for compassionate appointment in terms of SRO 43 of 1994, therefore, his case came to be rejected vide order dated 03.08.2001, impugned in the writ petition on hand. Hence it is this rejection order which is questioned by the Petitioner through medium of the present writ petition, on manifold grounds.

(3.) Respondent No. 1 has filed the reply and has opposed the averments made in the writ petition. The Petitioner has also filed the rejoinder wherein he has refuted the averments made in the reply.