LAWS(J&K)-2002-12-22

MOHD. YASIN Vs. STATE

Decided On December 02, 2002
MOHD. YASIN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONERS submit that their relatives were killed in militant related violence. The relationship, date of occurrence and the cause of death have been indicated in paragraph 2 of the petition. Petitioners submit that they are eligible for appointment on compassionate grounds. It is submitted that the relation of a person who has died in a militant related violence is also eligible for being considered for appointment on compassionate grounds.

(2.) THE further fact is that Rule 2(iii) of the Jammu and Kashmir (Compassionate Appointment) Rules, 1994(SRO 43/ 94) deals with a situation where a civilian dies as a result of militancy and in case of appointment is sought by a person who is the member of the family and in case of the total income of the family is not more than Rs. 3500 per month, then compassionate appointment can be allowed. Rule 2(iii) of the above said Rules is relevant and is being reproduced below;

(3.) PETITIONER No. 1 is a person whose mother died on 27th June 2000. Petitioner No. 6 's wife died on the intervening night of 10/11th Aug' 99. In the case of other petitioners, the death of their brothers took place.