SHABEENA KHAN Vs. DIRECTOR, SKIMS

JUDGEMENT

(1.) The petitioner is a married daughter of late Saleema Khan, who died in harness while serving as Senior Technician in the Sher-e-Kashmir Institute of Medical Sciences, Soura, Srinagar [SKIMS]. On the death of her mother, namely Saleema Khan, the petitioner, claiming to be the dependent family member of the deceased Government employee, applied for appointment on compassionate grounds in terms of the Jammu and Kashmir (Compassionate Appointment) Rules,1994 (for short, Rules of 1994) issued by the Government vide SRO 43 of 1994. The petitioner claimed her dependence on the deceased mother on the ground that though she was married, yet she was taken as Khana Nisheen daughter by the deceased. Her case came to be processed and forwarded to the competent Authority of SKIMS through proper channel. A certificate of dependence upon the deceased Government employee as is required under SRO 43 of 1994 was also issued by the Additional Deputy Commissioner, Srinagar on 6/10/2016.

(2.) It appears that when the matter came up for consideration before the competent Authority of SKIMS, it was opined by the competent Authority that the petitioner was not entitled to compassionate appointment for the reason that under SRO 43 of 1994, a female Government servant after marriage is not dependent upon her parents. The petitioner was informed of the decision of the competent Authority by the Senior Administrative Officer (Personnel) of SKIMS vide his communication No. SIMS/Per/1180/2016-6637 dtd. 11/11/2016. It is this communication the petitioner is aggrieved of and has challenged the same, inter alia, on the ground that, the decision of the competent Authority of SKIMS to deny the petitioner compassionate appointment in lieu of her mother who died in harness while serving SKIMS, is based on misinterpretation and poor understanding of SRO 43 of 1994 as amended vide SRO 201 dtd. 4/6/2007.

(3.) Learned counsel appearing for the petitioner contends that under SRO 43 of 1994, a married daughter, if dependent upon the deceased Government employee, is not excluded and, therefore, in the face of dependence certificate issued by the Additional Deputy Commissioner, Srinagar on 6/10/2016, the respondent-SKIMS could not have rejected the case of the petitioner. It is contended that the plea of the respondent-SKIMS that the dependence certificate was issued after a lapse of more than two years and seven months of the death of the deceased employee was not entertainable in view of the provisions of SRO 201 of 2007, is also without any substance, in that, SRO 201 of 2007 whereby Rule 3(1) of Rules of 1994 was amended, only provides that no application for compassionate appointment under the said Rules would be entertained after the expiry of one year from the date of death of the deceased Government employee. It is submitted by the learned counsel for the petitioner that the dependence certificate may take some time and may be issued after the expiry of one year, but that alone cannot be the reason to reject the claim of dependent of the deceased Government employee.