JUDGEMENT
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(1.)PETITIONERS are the widow and son of late Sh. Sodagar Mall, who was working as an Assistant in Electric & Maintenance Wing of Power
Development Department and died in harness in the year 1997. The
petitioners are seeking compassionate appointment.
(2.)THE case set up by the petitioners is that petitioner No.1 who is the widow of deceased employee, applied to the respondent authorities
within the specified period of limitation for being appointed on
compassionate grounds. A copy of the representation made to the
respondents has been placed on record as Annexure B. However, on the said
application, there is no mention of the date on which it was submitted.
The further case set up by the petitioners is that another application
was filed before the respondents on 13th of May04, vide which the
petitioner No.1 requested the authorities concerned to consider the claim
of petitioner No.2, who is studying in 12th class, for being appointed on
compassionate grounds in terms SRO 43 instead of considering the case of
petitioner No.1.
(3.)THE respondents after considering the case of the petitioners, have passed an order dated 16th of May01, (Annexure G), stating therein
that the compassionate appointment case of petitioner No.1 -Kiran Wala,
does not come under the purview of SRO 43 of 1994. It is this order which
is the subject matter of challenge in the present petition.
The grievance of the petitioners is that even though, the petitioner No.1 had applied to the respondent authorities well within
time and thereafter, kept on representing before the said authorities,
her case was not considered and now vide impugned order, the said
authorities have wrongly rejected the claim of the petitioner No.1. It is
further stated that even the case of petitioner No.2 who has attained
majority and is studying in 12th class, has not been considered by the
respondent authorities for appointing him on compassionate grounds.
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