SURJEET KUMAR Vs. STATE OF J AND K

JUDGEMENT

(1.) By the medium of this writ petition, the petitioner is seeking his appointment against Class IV post under SRO 43 of 1994, on the grounds taken in it. It has been averred in the writ petition that during the intervening night of 30th April and 1st May, 2006, some unknown terrorists cordoned off Village Kulhand and pulled out the inmates from their houses on gun point. They detained them in rooms at two places and opened indiscriminate firing, thereby killing many persons and seriously injuring others including the father of petitioner, namely, Bal Krishan, who was admitted in Government Medical College Hospital, Jammu, where he was treated for compound fracture in right leg bone by external fixator on 15.5.2006. He developed acute renal failure as a complication of compound fracture which was managed by Dialysis. Later on, he died due to complications on 31.07.2007.

(2.) The petitioner, being dependent on deceased father, applied for appointment on compassionate grounds and submitted application before respondent No. 3, who, vide No. 846/IR/D dated 25.09.2007 directed Tehsildar, Doda to process the case of petitioner in accordance with the provisions of SRO 43 of 1994 [Refer JKS Soft JKS/460]. On the basis of verification and report of Tehsildar, Doda, Assistant Commissioner Revenue, Doda issued dependent certificate in favour of petitioner under the provisions of SRO 43 of 1994 (Refer JKS Soft JKS/460] vide No. 801-02/ACR/ST dated 28.11.2007. The official respondents, vide order No. 03 of 2009 dated 27.06.2009, sanctioned an amount of Rs. 4.00 lac as compensation in lieu of employment in favour of next to kin of deceased Bal Krishan, father of the petitioner.

(3.) Due to non-consideration of the case of petitioner on compassionate grounds, he approached this Court by filing writ petition-in-hand seeking his appointment against Class IV post on compassionate grounds.