ABID BASHIR TAYUBI Vs. STATE OF J&K

JUDGEMENT

(1.) THIS batch of petitions involves common questions of facts and law and are being disposed of by this common order. The petitioners in these petitions seek appointment on compassionate grounds in terms of the provisions of SRO 43 of 1994 dated 22nd February, 1994. Peculiar facts attendant to a few of the petitions are notice.

(2.) IN SWP No. 1786/2001 the petitioner seeks his appointment on compassionate grounds as sub -Inspector of police on the strength of his academic qualifications, as his relation died in cross -firing, relating to militancy. In SWP No. 904/2000 relation of the petitioner died in 1988 and he applied for appointment on compassionate grounds in the year 1999. His request has been rejected vide order dated 9th October, 1999 by Chief Engineer, PHE on the ground of being belated and time barred. In SWP No. 2069/99 the petitioner seeks to quash order dated 13th November, 1999 which has been passed by the respondents in terms of the direction issued by the court in SWP No. 1335/97 directing the respondents to consider the case of the petitioner in that petition for appointment on compassionate grounds. The respondents considered the case of the petitioner and rejected on the ground that the relation died in 1987 when the petitioner was a minor and attained the majority on 1st April, 1994. He had applied for his appointment on compassionate grounds in June, 1994. Claim of the petitioner has been rejected being time barred by five years. In SWP No. 943 of 2002 brother of the deceased got employment on compassionate grounds. The petitioner, widow of the deceased, seeks to quash that appointment and her appointment in substitution. In SWP No. 1716/2000 the petitioner has been appointed on a class IV post on probation. He seeks his appointment on substantive basis. In SWP No. 2002/2000 the petitioner is a Diploma Holder in Engineering. He seeks his appointment on compassionate grounds as Junior Engineer on the analogy of one Aijaz Rashid appointed as Junior Engineer in similar circumstances. In SWP No. 907/2002 father of the petitioner died in harness on

(3.) RD September, 1987. The petitioner applied for his appointment on compassionate grounds on 10th November, 1994. Claim of the petitioner has been rejected by the respondents as being time barred. His status as adopted son is also disputed. In SWP No. 815/2002 the petitioner has been appointed as Laboratory Bearer on compassionate grounds. He seeks his appointment as Laboratory Assistant on the analogy of similar appointments stated to have been made by the respondents. 3. In all other petitions, the petitioners are either the son, daughter or widow of Government employee who have died in harness. Petitioners seek appointment on compassionate grounds, on the plea of being eligible and entitled to such appointment in terms of the family of the deceased employee and being dependent on him.