NEELAKSHI TULI Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The petitioner claims to be a Graduate in Music & Fine Arts from Jammu University and Post Graduate in Music from Punjab University.

(2.) The case set up by the petitioner is that her mother Smt. Satya Devi Verma, was working as Senior Lecturer in District Institute of Education and Training (DIET) Jammu. It is averred in the writ petition that on 03. 10. 1998, the mother of the petitioner left home for attending her duties in the office of DIET, Jammu, but she did not return home in the evening, thereby compelling the petitioner to approach the police authorities and a missing report was lodged. The mother of the petitioner was reported missing/declared dead on 03. 10. 1998 while in active service of the respondent-department. The petitioner claims that she is fully eligible for compassionate appointment under SRO-43 of 1994 i. e. J & K (Compassionate Appointment) Rules, 1994, age-wise as well as qualification-wise.

(3.) It is stated in the petition that petitioner had made a written request for compassionate appointment to Principal, District Institute of Education and Trainings, Jammu within time, wherein a request was made to appoint the petitioner on compassionate and humanitarian ground on the post of Music Teacher in lieu of her mother, the deceased Govt. employee. However, Respondent No. 4, Principal, District Institute of Education and Trainings, Jammu Kept the matter pending on one pretext or the other and has not considered the claim of the petitioner. In the petition it is further averred that mother of the petitioner, Smt. Satya Devi Verma was a Government employee and was financially supporting the entire family of the petitioner including her two younger sisters and due to stoppage of regular financial assistance to the family of the petitioner has resulted great hardship and sufferings. It is averred in the petition that respondents has deprived the petitioner of her legal right to appointment on compassionate grounds.