FAYAZ AHMAD LONE AND ORS. Vs. PRASAR BHARTI DOORDARSHAN AND ORS.
LAWS(J&K)-2020-12-41
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 16,2020

Fayaz Ahmad Lone And Ors. Appellant
VERSUS
Prasar Bharti Doordarshan And Ors. Respondents

JUDGEMENT

- (1.)By the instant writ petition, the petitioners seek a writ of Mandamus to the effect that respondents be directed to treat the petitioners to have been appointed against Group "C" and "D" posts (class-iv) or deemed to have been appointed against the post f Group "C" and Group "D" (class-iv posts) keeping in view the petitioners' continuation as casual labourers since 23.2.2003; 6.11.2003; 1.7.2005 and 1.11.2010, respectively. A further direction is sought by the petitioners in the name of respondents to the effect that appointment orders be issued in favour of petitioners against the posts of Group "C" and Group "D" under compassionate appointment scheme as per the entitlement with retrospective effect i.e. from the date of death of their deceased employees and pay/ release all consequential benefits in their favour.
(2.)Briefly put, the case of the petitioners is that they are the legal heirs of the respondents' employees who died in harness on different dates, therefore, being the dependents of said deceased employees, are seeking compassionate appointment for themselves in the respondent department in terms of the applicable rules. The petitioners have given information in a tabulated form about the status of the deceased employees along with the dates of their death. The said information, for facility of reference, is reproduced herein below: JUDGEMENT_41_LAWS(J&K)12_2020_1.html
(3.)It is stated in the writ petition that after the death of the above employees, the petitioners sought compassionate appointment and the respondents engaged them as casual labourers on 23.2.2003; 6.11.2003; 1.7.2005; and 1.11.2010, respectively. It is further stated that they accepted the assignment after having been assured that their cases would be submitted to the higher authorities for their regular appointment under compassionate rules/ scheme at the relevant point of time. The Compassionate Appointment in the respondent department is stated to be governed by a scheme notified in terms of O.M. No. 14014/6/94-Estt. (D) dated 09.10.1998 and it envisages that compassionate appointment be granted to a dependent family member of a Govt. Servant dying in harness or who has retired on medical grounds.
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