ATIKA Vs. STATE OF J.K. AND ORS.

JUDGEMENT

(1.) THIS writ petition is filed praying for quashing the order dated 11.12.2012 and for direction to respondent No. 1 to appoint the petitioner on compassionate grounds under SRO 43 of 1994.

(2.) IT is the case of the petitioner that she is the permanent resident of J&K State and a citizen of India. Her husband namely Abdul Rashid Mir lost his life in bomb -blast exploded at Safapora on 12.08.2001 and the petitioner became widow within two years of her marriage. The petitioner submitted an application seeking compassionate appointment within the prescribed time. Petitioner was asked by respondent No. 2 to bring dependency certificate. The Assistant Commissioner, Ganderbal while issuing a dependency certificate sought report from the Tehsildar concerned, who in his report mentioned that father of the deceased is engaged with business and shop -keeping and brother and sister of deceased are married and brother being Government employee, the petitioner is the only destitute and dependable on the deceased.

(3.) RESPONDENT Nos. 4 and 5 filed a writ petition bearing OWP No. 1112/2009 and prayed for a declaration declaring the definition of word "family" provided in SRO 43 of 1994 as ultra vires to constitution. In view of the pendency of the said writ petition, no further action was taken. The said writ petition was dismissed in default on 21.05.2015.