MUDASIR HAMID Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner s father was substantively holding the post of Master in the State Education Department and was posted as Incharge Headmaster in Government High School, Khari. It is pleaded in the writ petition that in the intervening night of 6/7th October, 1999, the father of petitioner was taken by Army personnel and since then his whereabouts are not known. It is also pleaded that on the complaint filed before the State Human Right Commission, recommendation was made for grant of ex-gratia relief and also for providing appointment on compassionate grounds in terms of Rules notified vide SRO 43 of 1994.

(2.) Petitioner passed his 10+2 examination in the year 2004. Respondents considered his claim for being appointed on compassionate grounds in accordance with the mandate of Rules notified vide SRO 43 of 1994. The consideration resulted in issuance of appointment order in favour of the petitioner and petitioner was appointed as Class IV in District Cadre Ramban in the pay scale of Rs. 4400-7440 vide Government Order No. 376-Edu of 2011 dated 24.06.2011 This petition is filed with the prayer that at the time of consideration of the claim of the petitioner for compassionate appointment, he was possessed of academic qualification 10+2, thus, his claim for appointment on compassionate grounds was to be considered against a vacancy in the lowest rank of non-gazetted service, in view of the mandate contained in the rule 3 of J&K (Compassionate Appointment) Rules, 1994 ( for short Rules of 1994).

(3.) On notice issued, respondents have filed objections. Heard learned counsel for the parties. Considered the matter.