Jammu & Kashmir High Court - Srinagar Bench
Zamrooda Akther Alias Shaziya Bano vs Union Of India & Ors. ---Respondent(S) on 20 September, 2019
Bench: Chief Justice, Rashid Ali Dar
Serial No. 12
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
At SRINAGAR
LPA No. 221/2019
Zamrooda Akther Alias Shaziya Bano ---Petitioner/Appellant(s)
Through: None
V/s
Union of India & Ors. ---Respondent(s)
Through: Mr Tahir Majid Shamsi, ASGI
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RASHID ALI DAR, JUDGE
ORDER
20.09.2019
1. This appeal has been filed by the appellant who is the wife of Late Constable Ghulam Mohammad Dar who was working with the Border Security Force. The appellant has placed reliance on SRO 88 of 1996 issued by the State Government. The appellant basis her claim on the death of her husband on the ground that he died in the year 2008 while in service in the Government of India. The submission therefore is that his dependent family members are entitled to the benefit of the scheme for compassionate appointment notified under SRO 88 of 1996.
2. The appellant after making several representations to the official respondents had filed a writ petition being SWP No. 1009/2013. The appellant has placed reliance on a purported recommendation dated 18 th August 2015 made by the respondent No. 4 to the respondent No. 5 for compassionate appointment on a civil post under provisions of SRO 43 of 1994 read with SRO 88 of 1996.
3. On a failure of the respondents to favorably accept her claim, the appellant filed writ petition being SWP No. 2015/2017. The respondents contested the claim of the appellant and the writ petition was dismissed by the learned Single Judge by a judgment dated 3rd July 2019.
LPA No. 221/2019 Page 1 of 34. The respondents have disclosed that Constable Ghulam Mohammad Dar was enrolled on 19th December 1996 in the Border Security Force. On completion of basic recruit training, he joined 128 Battalion BSF on 10 th June 1998. The constable was under treatment for psychiatric disorder. On the 13th of October 2018, at about 0800 hours, the appellant's husband, after having breakfast, went to the first floor of his barrack, picked up an INSAS rifle of one constable loaded with magazine and shot himself by firing one round on his upper abdomen. The appellant's husband was immediately evacuated to Guwahati Medical College & Hospital for treatment where he succumbed to his injuries on 15th October 2008.
The respondents have submitted that as per the post mortem report, the cause of his death was due to hemorrhage and shock and as a result of bullet injury caused by rife fire arm and suicidal in nature.
The respondents disclose that for the reasons that the marriage of the Late Constable Ghulam Mohammad Dar to the appellant had not been disclosed on official records and as such his suicide was communicated to the father of the deceased telephonically as well as through telegram.
5. So far as appointment of the appellant on compassionate basis is concerned, it is submitted that as per the provisions for compassionate appointment in the BSF, the next of kin includes dependent family members of the Government servant dying in harness subject to fulfilment of criteria.
6. So far as the relevant portion of the Government order being SRO 43 of 1994 is concerned, we find that the learned Single Judge has extracted Clause IV of Rule 2 of SRO 43 of 1994 which reads as under :
(IV) [ a member of the Armed Forces not above the rank of Junior Commissioned Officer or a member of Para-
military Forces of equivalent rank who is a permanent resident of State and is killed while discharging the duties in connection with law and order in the State of Jammu and Kashmir or as a result of enemy action on the line of Actual Control [International Border].
7. The learned Single Judge has also noted the reliance of the appellant on SRO 88 of 1996 and extracted sub-rule (3) of Rule 5 of SRO 88 of 1996 which reads as under:-
LPA No. 221/2019 Page 2 of 3"A family member of a deceased member of armed force or para military force who is eligible for appointment under these rules may apply for appointment against a suitable vacancy to the Dy. Commissioner concerned through the Commanding Officer of the unit in which the deceased member of the armed force or para military force was last serving. The Dy. Commissioner after making such enquiries as may be necessary and on the recommendations of the District Level Coordination-cum Screening Committee, may issue appointment orders for his or her adjust against a vacancy in the District concerned in any Department under the Government in accordance with provisions of rule 3 hereinabove."
8. As noted above, the Constable Ghulam Mohammad Dar did not die while on duty in connection with law and order in the State of J&K or as a result of enemy action on the Line of Actual Control (International Border), as is necessary under SRO 43 of 1994. Therefore, the finding of the learned Single Judge that the appellant was disentitled to compassionate appointment as the case is not covered under SRO 43 of 1994 is unassailable. The husband of the appellant had committed suicide and got killed on account of his having shot himself. In view of the above, the case of the appellant is also not covered under SRO 88 of 1996.
9. There was no appearance on behalf of the appellant when the matter was listed on 6th September 2019. There is no appearance today also.
10. In the interest of justice, we give one more opportunity to the appellant to make submissions and to persuade us to take a view other than what has been noted above.
List on 25th September 2019.
(RASHID ALI DAR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Srinagar
20.09.2019
Altaf
LPA No. 221/2019 Page 3 of 3