QAISAR AHMAD TAK Vs. STATE OF J. AND K. AND OTHERS
LAWS(J&K)-1999-8-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 20,1999

Qaisar Ahmad Tak Appellant
VERSUS
State Of J. And K. And Others Respondents

JUDGEMENT

G. L. Raina. J. - (1.) In exercise of the powers conferred by proviso to Section 124 of the Constitution of Jammu and Kashmir, the Governor made amendment through SRO 122 dated 24-3-1983 in Rule 5 of the J. and K. Service (Decentralisation of and Recruitment to Non-Gazetted Cadres) Rules of 1969. Amended clause added to Rule 5 is : "(viii) A vacancy occurring in a department due to the death of a Government employee in harness may be filled up in accordance with the prescribed rules subject to the condition that son/adopted son/daughter/adopted daughter/wife or dependent sister/brother of a deceased Government employee is provided employment in the Department on any vacancy in the Non-Gazetted Cadre in the lowest rung or against any post for which he/she may be fully qualified."
(2.) This enabling provision has certain exception which require the appointing authority to satisfy itself in the first place through enquiries or otherwise and after obtaining a report from the concerned revenue officer not below the rank of Assistant Commissioner that the grant of concession of compassionate appointment is justified having regard to the number of dependents left by the deceased Government servant, the assets and liabilities left by him, the income of earning member(s) if any, and also his liabilities.
(3.) This amendment effected vide SRO 122, supra, was followed by another SRO issued on 18-5-1989 under No. 194. Rule 3 of SRO 194, which again is an enabling provision, provides that notwithstanding anything contained in the rules or orders for the time being in force regulating the procedure for recruitment to any Government service, the family member of a non-gazetted Government servant, who dies in office, may be provided employment at the sole discretion in the department against any vacancy in the non-gazetted cadre in the lowest rung or against any post for which he/she may be fully qualified. This enabling provision also has a number of preconditions to be fulfilled before appointment on compassionate grounds is ordered. One of the conditions under this SRO is that the competent authority shall satisfy itself after obtaining report from the concerned Revenue Officer not below the rank of Assistant Commissioner that the grant of the concession is justified having regard to the number of dependents left behind by the deceased Government employee and the means available to the family. SRO 194 has made provisions for relaxation of the age of qualification bar in cases where the competent authority feels that the case(s) is a deserving one where the competent authority may recommend to the Government for relaxation of age/qualification bar.;


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