HIGH COURT OF JAMMU AND KASHMIR
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NIRMAL SINGH, J. -
(1.) LATE Head Constable, Vikram Jeet Singh, No. 731 -AP -9th Bn., husband of the petitioner was serving in JKAP (9th Bn) and while he was posted at Srinagar, he sustained injuries in AH John Shopping Complex on 17 -10 -2003 in a militant attack and later on succumbed to his injuries on 24 -10 -2003. Thereafter the petitioner being the widow of the deceased -Vikram Jeet Singh, moved an application before the respondents alongwith necessary documents for appointing her on compassionate ground under SRO -43 of 1994, but the petitioner was not given the compassionate appointment.
(2.) THE petitioner has filed the present writ petition under Article 126 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for issuance of writ of mandamus directing the respondents to appoint her on compassionate ground under SRO 43 of 1994.
On notice the respondents in their reply have taken a ground for not giving compassionate appointment to the petitioner that she has not submitted the requisite documents. The Deputy Inspector General of Police, Armed Range Kashmir, Srinagar, had found the application of the petitioner incomplete on the following grounds: Appointment case of Smt. Parveen Manhas w/p late HC Vikram Jeet Singh No. 731/J AKP 9th Battalion received vide your letter under reference has been found incomplete as per following observations:
I. The affidavits of the father of the deceased Head constable as well as of the beneficiary has been found with respect of pensionary benefits only. No mention of appointment of the beneficiary has been found in these affidavits, which shall have been obtained actually for the appointment purpose only.
II. Besides an affidavit should have been obtained from the beneficiary to the effect that she will not remarry if she is appointed under relevant SRO.
III. Affidavits from remaining dependents have not been obtained. The case as such is returned herewith for doing the needful and early re -submission.
I have heard the learned Counsel for the parties and perused the record.
(3.) THE Deputy Inspector General of Police, Armed Range Kashmir, Srinagar, while examining the application of the petitioner for compassionate appointment has found the same incomplete on the ground that the affidavit of the legal heirs has not been submitted alongwith the application to the effect that they have no objection for giving appointment to the petitioner on compassionate ground. The petitioner has placed before the Deputy Inspector General of Police, Armed Range Kashmir, Srinagar, the affidavit of the legal heirs of the deceased in respect of grant of pensionary benefits, but in this affidavit it has not been mentioned that the petitioner may be given appointment.;
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