KULDEEP KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner came to this Court with a plea that he should be given appointment on compassionate grounds.

(2.) SO far as Mr. Chaudhry appearing for respondents 1 and 2 is concerned, he submits that they have no policy in existence under which compassionate appointment can be made. Faced with this situation, the learned counsel for the petitioner submits that compassionate appointment can be made by the State of Jammu and Kashmir. For this, reliance is being placed on SRO 43, where in the definition of family is given. The definition of family as given in Rule 2 and 5(3) of SRO 43 dated 22.2.1994, be noticed. These read, as under:

(3.) THUS , compassionate appointment has to be given not only to the dependent(s) of a deceased employee who was in State service, on the satisfaction of the appointing authority regarding the petitioners character and antecedents in terms of Rule 17(d) of the J&K Civil Services (Classification, Control and Appeal) Rules 1956 (1956 Rules) and the J&K Civil Services (Verification of Character and antecedents) Instructions of 1969 sanctioned vide Govt. Order No. Home 559 -IS of 1969 dated 18.9.1969 which empower the Appointing Authority to satisfy himself about the character and antecedents of a candidate before making his appointment."