LAWS(J&K)-2007-9-31

KIRAN WALA Vs. STATE

Decided On September 17, 2007
Kiran Wala Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONERS are the widow and son of late Sh. Sodagar Mall, who was working as an Assistant in Electric & Maintenance Wing of Power Development Department and died in harness in the year 1997. The petitioners are seeking compassionate appointment.

(2.) THE case set up by the petitioners is that petitioner No.1 who is the widow of deceased employee, applied to the respondent authorities within the specified period of limitation for being appointed on compassionate grounds. A copy of the representation made to the respondents has been placed on record as Annexure B. However, on the said application, there is no mention of the date on which it was submitted. The further case set up by the petitioners is that another application was filed before the respondents on 13th of May04, vide which the petitioner No.1 requested the authorities concerned to consider the claim of petitioner No.2, who is studying in 12th class, for being appointed on compassionate grounds in terms SRO 43 instead of considering the case of petitioner No.1.

(3.) THE respondents after considering the case of the petitioners, have passed an order dated 16th of May01, (Annexure G), stating therein that the compassionate appointment case of petitioner No.1 -Kiran Wala, does not come under the purview of SRO 43 of 1994. It is this order which is the subject matter of challenge in the present petition.