STATE OF J & K Vs. MADAN GOPAL

JUDGEMENT

(1.) Shri Bikram Singh, employed as Inspector in Excise Department of the State Government, died in harness on 30.12.1989. His son, Shri Madan Gopal--respondent herein, approached appellants with an application for compassionate appointment in terms of SRO 194 of 1989 dated 18.05.1989. The appellants rejected his claim on the ground that his monthly income exceeded the upper limit prescribed under rules. The respondent, undaunted by the rejection of his claim, approached appellants with an application for reconsideration of his case. The appellants did not accord consideration to the application, constraining the respondent to approach this Court with writ petition being S.W.P. No. 439/1998. The writ petition was disposed of on 29th June, 1998 in following terms:-

(2.) The appellants in compliance of writ Court order considered respondent's case afresh and appointed him as Excise Guard. The respondent accepted the job offered by the appellants and after discharging his duties as Excise Guard, filed writ petition as S.W.P. No. 2610/2001.

(3.) The case set up in the second writ petition, was that as the respondent had passed 10+2 examination he, in terms of Rule 3, Jammu and Kashmir Compassionate Appointment Rules, 1994 (SRO 43/1994), was to be appointed in the lowest rank of non gazetted service. It was pleaded that in terms of Rules, while dependant of deceased employee having matriculation qualification was to be appointed against the Class IV vacancy, such a candidate having above matriculation qualification was to be appointed in the lowest rank of non gazetted service.