GULSHAN AKHTER. Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The claim put forth in this petition seeking a direction for compassionate appointment of the petitioner exudes a chequered history.

(2.) The petitioner is the widow of deceased Government employee, namely, Ghulam Mohammad Bhat, who was working as a Mate in Irrigation Department, Pulwama, and died in harness on 16.12.2004. The deceased left behind his widow, petitioner herein; three sons and three daughters. Two of the sons are stated to be Government employees living separately. Though not stated in the petition, petitioner is the second issueless widow of the deceased Government employee. The three daughters had been married prior to death of the petitioner's husband. The third son of the deceased, namely, Riyaz Ahmad Bhat, applied for appointment on compassionate grounds in terms of provisions of the Jammu and Kashmir (Compassionate Appointment) Rules, 1994 promulgated vide SRO 43 of 1994. The Assistant Commissioner (Rev.), Pulwama, issued the dependence certificate, showing the petitioner as dependent no. 1. Meanwhile, Riyaz Ahmad Bhat filed writ petition, SWP no. 969/2005 seeking a direction to the respondents to appoint him on compassionate grounds. The petitioner herein sought, and was arraigned, as respondent in the said writ petition to contest the claim of said Riyaz Ahmad Bhat. The writ petition was disposed of vide order dated 30.03.2006 with direction to the Deputy Commissioner for considering the rival claims of the parties and for taking final decision in the matter after hearing the contesting parties, so to say, the mother-son duo. The Deputy Commissioner, after considering the case and hearing them, in terms of letter dated 21.12.2006 addressed to the Chief Engineer, Irrigation and Flood Control Department, Kashmir, recommended that widow of the deceased has priority over and above other family members for appointment against the post left by the deceased. The case of the petitioner was, thereafter, processed and recommended at various hierarchal stages of the Department. Respondent no. 3, the Chief Engineer, ultimately, recommended the case of the petitioner to the Principal Secretary to Government, PHE/I&FC Department. This is borne out by communication no. GE-16-SF/12680 dated 04.01.2008 addressed by respondent no. 3 to respondent no. 1 furnishing the particulars sought from him by respondent no. 1.

(3.) Meanwhile, Riyaz Ahmad Bhat, son of the deceased, appears to have filed another writ petition, SWP no. 225/2007. As per the petitioner, this was aimed at stalling the issuance of formal orders of her appointment. During the pendency of this petition, respondent no. 1 issued communication dated 19.03.2008, which is impugned herein, intimating to respondent no. 3 that the matter had been taken up with General Administration Department. The said communication quoted the decision of the General Administration Department, which is reproduced hereunder: