RUBEENA AKHTAR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The petitioner, sister of one Showkat Ahmad Ganai son of Ghulam Mohi-ud-Din Ganai, resident of village Chee, District Anantnag, who was killed by militants on 05.11.1999, has filed this writ petition challenging communication no.GAD/Mtg/III/44/2009 dated 10.02.2010, to the extent it relates to her, whereby Deputy Secretary to Government, General Administration Department has conveyed to the Deputy Commissioner, Anantnag, that the cases of the three persons named therein, which included the petitioner, were not covered under SRO 43 of 1994 as they were not dependent upon the deceased. Petitioner has also prayed for a writ of mandamus to command the respondents to reconsider her case for compassionate appointment under SRO 43 or, in the alternative, to grant cash compensation of Rs.5,00,000.00 in favour of the family members of the deceased in terms of Rule 3 (iii) of the aforesaid SRO.

(2.) Reply/objections to the writ petition on behalf of respondents 1 to 3 have been filed by the Additional Secretary to Government, General Administration Department; whereas respondent no.4, i.e., the Deputy Commissioner, Anantnag, has filed his separate reply.

(3.) I have heard learned counsel for the parties, perused the material placed on record, including the pleadings of the parties, and considered the matter.