GHULAM MOHAMMAD BANDAY Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the present writ petition, the petitioner is challenging and seeking reversal of the Government Order No. 274-PW (R&B) of 2016 dated 05.09.2016, whereby the case of the petitioner, seeking compassionate appointment, has been rejected for the second time. The further relief sought is in the nature of writ of mandamus to the effect that respondents be directed to appoint the petitioner on any post retrospectively from 1997 in terms of the Rules as were in existence at the time of the death of his father.

(2.) The petitioner is in the second round of litigation. Earlier he had filed a writ petition, SWP no. 120/1999 seeking a direction in the name of respondents to appoint him on compassionate basis on the ground that his father, namely Gh. Nabi Banday, who was a Road Supervisor with respondent department, died in harness on 24.9.1987.

(3.) The petitioner, a dependent of the late Gh. Nabi Banday, Road Supervisor, who died in harness on 24.9.1987, claims the compassionate appointment in terms of the applicable Rules. The petitioner is stated to have passed the class 8th only and discontinued the studies for the untimely death of his father when he was only eight years old. The income of the petitioner is also certified to be less than Rs. 500/- per month as per the certificate issued by the Tehsildar Handwara.