AB HAMID DAR Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner seeks direction to respondents for consideration of the petitioner on compassionate grounds, on the pleaded facts that the petitioner's brother one Mohammad Maqbool Dar a teacher in Education Department died in a vehicular accident on January 16, 1987. The petitioner's approach to respondents for the appointment, is evoking no response.

(2.) Heard. Record examined.

(3.) One Mohammad Maqbool Dar a teacher died in harness on January 16, 1987. Petitioner is brother of this deceased. He is seeking appointment on compassionate grounds under J. and K. Compassionate Appointment Rules of 1994, on the plea that other dependent members of deceased family, who happened to be brothers and sisters, have filed affidavits that in case petitioner is appointed in place of deceased on compassionate grounds, they have no objection. This is not a ground in the context of rules and within the concept of compassionate appointment to seek appointment under the rules. No grounds whatsoever are spelt out for seeking appointment on compassionate grounds. After all claim to appointment on compassionate grounds is not in the nature of seeking enforcement of any right under a statute. It is a concession given by the employer to obviate the hardship to the indigent family. The petitioner's claim that "accrued right is being defeated", is a misconstruction. In S.W.P. No. 1009/1997, titled Farooq Ahmad Wani v. State, 1999 Lab IC 1807 decided on June 24, 1998, it is pointed out: