SOHAN LAL Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) This writ petition is filed seeking to quash Government Order No. 31-Works of 2002, dated 17.12.2002 whereby petitioner's claim seeking compassionate appointment was rejected on the ground that the petitioner has not applied within the time stipulated in SRO 43 of 1994.

(2.) The case of the petitioner is that his father while working as Work Supervisor died on 27.03.1992 and the petitioner attained majority in Dec., 1996 and he applied for compassionate appointment in the year 1999 and as per the Rules prevailing in the year 1992 i.e. SRO 283 of 1991, there is no limitation for submitting application and the lesser age upto four years can be relaxed.

(3.) The said aspect having not been considered and SRO 43 of 1994 is relied on to reject the claim of the petitioner, which his not permissible. Which rule is applicable to consider the claim of the appellant as his father died prior to issuance of SRO 43 of 1994, was already considered by the Division Bench of this Court in 2013 (2) JKJ 126 [HC] (S. Vikram Singh Vs. State of J &K and Ors.) . In the said judgment it is held that the rule applicable is the rule when cause of action has accrued i.e. the time of death of the Government employee and as per the earlier Rules prior to issuance of SRO 43 of 1994, even a minor is entitled to compassionate appointment on attaining majority and only fact which has to be ascertained is to find out whether the family of the deceased Government employee continues to be in penury and compassionate appointment would mitigate such hardship. In paragraph nos. 15 and 16 of the judgment it is held thus:-