FAROZE AHMED Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Petitioner's father was substantively holding the post of Junior Engineer (Civil) in Public Works (R&B) Department. It is pleaded in the writ petition that on 23.04.2008, father of petitioner has expired while in service. It is further pleaded in the writ petition that when father of the petitioner expired; all the three children were school going students. The petitioner passed his 10+2 examination in the year 2006, Graduation in 2007 and Post Graduation in 2009. Respondents considered his claim for being appointed on compassionate ground in accordance with the mandate of Rules notified vide SRO 43 of 1994 [Refer JKS Soft JKS/460]. The consideration resulted in issuance of appointment order in favour of the petitioner and petitioner was appointed against Class-IV post Orderly. This petition is filed with the prayer that at the time of consideration of the claim of the petitioner for compassionate appointment, petitioner had passed three years Degree general course from University of Jammu and has also passed Master Degree Programme in Sociology. Thus, his claim for appointment on compassionate grounds was to be considered against a vacancy in Non-Gazetted service, in view of the mandate contained in the Rule 3 of J&K (Compassionate Appointment) Rules, 1994.

(2.) On notice issued, respondents have filed objections.

(3.) Heard learned counsel for the parties. Considered the matter.