MANJU SHARMA Vs. STATE OF J & K

JUDGEMENT

(1.) Sanjeev Sharma, husband of petitioner, who was working as a Senior Assistant in the Motor Vehicles Department, died in harness on 31.5.2007, leaving behind petitioner-widow and five years old son. On 30.6.2007 the petitioner applied before Regional Transport Officer, Jammu for appointment on compassionate grounds, came to be submitted to the Director General of Transport. The case of petitioner came to be processed and Secretary to Government, Transport Department-respondent No. 1 herein referred her case to Commissioner/Secretary, General Administration Department-respondent No.2, who rejected the proposal vide Order No.GDC-155/CM/2008-SRO dated 11.7.2008 observing that the case is not covered under Compassionate Appointment Rules (SRO 43/relaxation policy). Feeling aggrieved, the petitioner has filed the writ petition in hand seeking writ of certiorari quashing the order passed by the General Administration Department, with a writ of mandamus commanding the respondents to appoint her on compassionate grounds after relaxing her upper age limit.

(2.) Petitioner has annexed with the writ petition copy of Secondary School Examination issued by the Chairman, State Board of School Education indicating her date of birth as 19.10.1965 and copy of mark sheet issued by the University of Jammu indicating that she is graduate in Bachelor of Arts.

(3.) Respondents have filed objections. According to respondents 1 & 3 the petitioner was over age by 4 years 2 months and 12 days as on 1.1.2007 and so made recommendation for relaxing her upper age limit, but respondent No. 3 did not accede to the same. Virtually the respondents have admitted the case of petitioner.