GOWHAR HUSSAIN Vs. STATE & ORS.

JUDGEMENT

(1.) While considering the compassionate appointment case, humanitarian approach has to be the hallmark and a primary consideration. Compassionate ap pointment case has to be considered in a most humanistic approach, to make the genuine aspirants to wait and force them to have resort to litigative process defeats the very object of compassion which in turn subjects the dependent family members to further mental agony and state of helplessness. When it is a positive case that an employee has died in harness leaving behind five unmarried daughters, a widow and a son, can such case be lingered indefinitely, answer has to be "no" because if consideration and finalization of such cases is prolonged, the dependent family members become the victim and the very object of the compassion gets frustrated.

(2.) Petitioner has sought compassionate appointment under the provisions of the Jammu and Kashmir (Compassionate Appointment) Rules, 1994 notified vide SRO 43 of 1994. Respondent No. 2 (Director Horticulture) seems to have proposed compassionate appointment in favour of the petitioner vide letter No. Adm/NG/7642-43 dated 27.8.2007. Same has been responded vide communication impugned dated 03.06.2008, where-under Under Secretary to Govt. Agriculture Production Department has communicated to the respondent No. 2 that the General Administration Department has observed as under:-

(3.) The factual matrix of the case is that the deceased Ghulam Qadir, father of the petitioner, was the employee of Horticulture Department, posted as Gardener who died in harness on 15.5.2000. He is survived by wife, five daughters and one son i.e. petitioner. At the time of death of said Ghulam Qadir, age of the petitioner was 12 years plus. All the legal heirs aforesaid including petitioner were the dependents who resolved that the petitioner (son) should be considered for compassionate appointment.