MUDASIR AHMAD KUMAR Vs. STATE OF JK

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 30.04.2015 delivered by a learned Single Judge of this Court in SWP No.689/2015. The writ petition was filed on the ground that the petitioner's case for compassionate appointment under SRO 43 of 1994 had been wrongly rejected by the respondents on 09.03.2012.

(2.) The learned Single Judge by virtue of the impugned judgment has rejected the writ petition primarily on two grounds. The first being that the application for compassionate appointment was preferred beyond the time prescribed under Rule 3 of the Jammu and Kashmir (Compassionate Appointment) Rules, 1994 (hereinafter referred to as the said Rules). The second point which was noted and observed by the learned Single Judge was that compassionate appointments by their very nature are made to enable the family of the deceased employee to tide over the crisis situation. When an application is filed after several years, it is evident that the crisis would have been over. Several decisions of the Supreme Court were relied upon in respect of both the aspects.

(3.) It was the contention of the learned counsel for the appellant before us that in the case of a minor/dependant, the period of limitation would start running only from the date the minor attains majority. This was followed up by the statement that the minor (the appellant herein) attained majority on 15.02011 and he applied for compassionate appointment within six months. To be precise, he applied before July, 2011. Therefore, according to the learned counsel for the appellant, the case of the appellant who was a minor at the time of death of his father (who died on 27.11.2001) could not have been rejected on the ground of limitation or delay and laches.