LAWS(J&K)-2009-4-56

VINOD KUMAR Vs. STATE

Decided On April 17, 2009
VINOD KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) NAROTAM Ram, engaged as Daily Wager, in the Mechanical Engineering Department of the State Government died on December 27, 1998, after serving as such for 29 years.

(2.) HIS son, Vinod Kumar, claimed compassionate appointment whereas Smt. Chander Prabha, her widow, sought Family Pension from the respondents. Considering petitioners case, in terms of the directions issued on their earlier Writ Petition SWP No.891/91, the respondents have rejected their claims vide Chief Engineer, Mechanical Engineering Department, Jammus Order no. CEM/J/159 of 2001 dated 20.02.2001, on the ground that Narotam Ram deceased was not a Permanent Resident of the Jammu and Kashmir State and as such the petitioners were not entitled to seek Compassionate appointment and Family Pension.

(3.) AGGRIEVED by the Chief Engineers order, the petitioners have filed this writ petition seeking quashing of the order besides issuance of appropriate directions to the respondents to engage petitioner no.1 under SRO 43 of 1994 and provide Pensionary benefits to petitioner no.2.