(1.) THE petitioner through this writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, is seeking a direction to the respondents/State for giving compassionate appointment. The petitioner has claimed in the writ petition that his father Rattan Chand was holding the post of Peon on substantive basis and was posted in Govt. Degree College, Udhampur. He died while in harness on 1.8.1977 leaving behind his widow, Smt. Pushpa Devi, son Sanjay Kumar the petitioner and two daughters namely Soma Devi and Shanti Devi. The petitioner at the time of the death of his father was only three years old and because of the minority of the petitioner could not have been appointed on compassionate grounds after the death of his father. The petitioner as well as the other members of the deceased Rattan Chand was dependent upon the deceased Rattan Chand alone. The petitioner passed his 8th class examination in the year 1995.After attaining the majority and passing 8th class examination the petitioner applied/approached the respondent No. 2 for his appointment on compassionate grounds and submitted his application on 22.8.1995 but despite assurance his case was never considered. It has also been stated that after the death of the father of the petitioner the family, which comprises of four persons is living from hand to mouth and one of the sister of the petitioner has been got married in the year 1995, after borrowing money from his relatives and other friends so could not immediately file the writ petition. The petitioner claims that he is entitled to appointment on compassionate grounds in terms of rules which were inforce at the time of the death of his father and under the rules which are presently in force vide SRO No. 43 of 1994.
(2.) THIS petition has been filed on 25.1.1999 i.e. about 22 years after the death of the father of the petitioner for claiming appointment on compassionate grounds.
(3.) AGGRIEVED by the judgment of the Learned Single Judge the State went in appeal before the Division Bench, the same being LPA No. 119/ 1999. The Learned Division Bench of this Court vide order dated 27.5.2003, set aside the judgment of the Learned Single Judge and remanded the matter back for fresh decision after giving an opportunity to the appellants/respondents to file objection/counter and after issuing proper notices to the parties. Accordingly notices were issued to the parties. By order dated 29th of October 2003 respondents -State was granted four weeks time for filing counter affidavit. By order dated 3rd of December 2003 time was extended by two weeks for filing counter. Counter was not filed, then again on 27th of January 2004 last opportunity for filing counter affidavit was given still the counter was not filed despite last opportunity. As the respondents -State did not file counter affidavit and so by order dated 8th of March 2004 case was ordered to listed for final hearing in due course so that the same may be disposed of by taking the averments made in the writ petition to be correct. Thereafter after being dismissed twice for non -appearance of the petitioner it came to be restored and taken up for final hearing without there being any counter affidavit of the respondents. The averments made in the writ petition are therefore deemed to be correct, as State has not contested the same.