ABDUL GANI HAJAM Vs. STATE OF J&K

JUDGEMENT

(1.) This writ petition was filed on 16th April, 2013 seeking a direction to the respondents to appoint the petitioner against the lowest rank of a non gazetted post on compassionate basis on the ground that his brother Gh. Nabi Hajam was killed on 25th September, 2000 due to indiscriminate firing by the unknown gunmen resulting in registration of FIR no. 349/2000.

(2.) It has been contended that the petitioner was so entitled in terms of mandate of the Jammu and Kashmir Compassionate Appointment Rules, 1994 as notified vide SRO no. 43 of 1994. On the date of filing of the application for compassionate appointment the petitioner was within age and possessed the prescribed requisite qualification and, therefore, was eligible for appointment against a vacancy in the lowest rank of non-gazetted service of the respondents.

(3.) The petitioner contends that by a report dated 23rd January 2002 submitted by the respondent no.3, the respondents had verified the dependency of the petitioner on his deceased brother. The respondent no. 2 is also stated to have taken up the matter with the Criminal Investigation Department of J &K, which, by its communication dated 4th July 2002 informed the respondent no. 2 that there was nothing adverse against the petitioner and also that the deceased was the only source for ensuring livelihood of the family.