Central Administrative Tribunal - Jammu
Tariq Aziz vs Commissioner Of Police on 5 February, 2026
:: 1 :: O.A. No. 557/2024
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 557/2024
Reserved on:- 26.09.2025
Pronounced on: - 05.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
Tariq Aziz Age 25 years, S/o Late Ab Aziz R/o Bashant Tehsil
Chenani District Udhampur Pin 182101
...Applicant
(By Advocate: - K. Nirmal Kotwal)
VERSUS
1. State of Jammu & Kashmir through Commissioner/Secretary
Home Department J&K Govt. Civil Secretariat Jammu Pin
180001
2. Commissioner/Secretary General Administration Department
J&K Govt. Civil Secretariat Jammu. Pin 180001
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR,
HARSHIT YADAV
STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 15:05:04+05'30'
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3. Director General of police Police Headquarters Jammu. Pin
18000
4. Commandant Armed Police (7th Bn) Channi Himmat Jammu
Pin 180015
.
...(Non-applicants)
(By Advocate: - Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, DAG)
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR,
HARSHIT YADAV
STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 15:05:04+05'30'
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) "Seeking quashing of 4053 of 2022 dated 03.12.2022 issued by respondent No. 3 whereby the case of the applicant for appointment on compassionate grounds has been rejected on the sole ground that the applicant is married son of the deceased employee, the rejection is illegal, arbitrary and contrary to the spirit of SRO-43 of 1994.
b) With the further direction to the respondent to appoint the applicant against the post of constable in terms of Rules and the provisions of SRO-43 of 1994 without applying SRO 376 of 2017 dated 11.09.20217 being not applicable to the case of the applicant with all consequential benefits.
For issuance of any other order or direction whatever this Hon'ble Tribunal may deem fit and proper in the Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: O.A. No. 557/2024 facts and circumstances of the case may also be passed in favour of the applicant and against the non-applicants
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The applicant, Tariq Aziz, is the son of Late Abdul Aziz, who was serving as a Sub-Inspector in the Jammu & Kashmir Armed Police and was posted with JKAP 7th Battalion. While in active service, the applicant's father unfortunately died in harness on 09.08.2007, leaving behind his family in a state of financial distress. At the time of his father's demise, the applicant was a minor and, therefore, not eligible to seek appointment under the compassionate appointment scheme.
b) Upon attaining the requisite age, the applicant approached the respondent department on 13.12.2017 seeking compassionate appointment under the Jammu & Kashmir Compassionate Appointment Rules, 1994 (SRO-43 of 1994). In support of his claim, the competent revenue authorities issued a Dependency Certificate as well as an Income Certificate in his favour after Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: O.A. No. 557/2024 conducting due verification through the field agencies. The applicant was also subjected to character and antecedent verification by the CID, which returned a clean report certifying his good moral character.
c) After completion of all formalities, the case of the applicant was examined at the departmental level and, being found otherwise eligible, was recommended by the Director General of Police (Personnel) to the Home Department on 13.06.2018 for appointment as Constable in the J&K Police, with relaxation of age, as the applicant had been a minor at the time of death of his father.
d) Despite the aforesaid recommendation, the applicant's case was not approved on the ground that he had married on 04.12.2017, and in view of SRO-376 of 2017, which amended the Compassionate Appointment Rules, the respondents took the view that a married son was not eligible for compassionate appointment. Aggrieved by this decision, the applicant challenged the rejection before the High Court through SWP Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: O.A. No. 557/2024 No. 2004/2019, which upon transfer stood registered before this Tribunal as T.A. No. 61/434/2020.
e) The Tribunal, after hearing the parties, disposed of the said T.A. on 23.12.2021, directing the respondents to reconsider the applicant's case in the light of the recommendation made by the police authorities and in accordance with the applicable rules.
However, instead of granting relief, the respondents again rejected the applicant's claim vide order dated 03.12.2022, reiterating the same ground of marital status.
f) This led the applicant to initiate contempt proceedings, wherein the respondents relied upon the aforesaid rejection order. The contempt petition was ultimately disposed of on 01.05.2024 with liberty to the applicant to challenge the rejection order, which has resulted in the filing of the present Original Application.
g) The applicant contends that the impugned rejection order is arbitrary, contrary to the spirit and object of SRO-43 of 1994, violative of Article 14 of the Constitution, and has been passed Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: O.A. No. 557/2024 in disregard of the Tribunal's earlier directions. It is further pleaded that the amendment introduced in 2017 cannot be applied retrospectively to defeat a claim where the cause of action arose on the death of the employee in the year 2007.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents have filed their reply raising preliminary objections as well as submissions on merits. At the outset, it is contended that the present Original Application does not disclose violation of any statutory or legal right and is, therefore, not maintainable. It is further asserted that no enforceable right accrues to the applicant under the compassionate appointment scheme, which is only a concession governed strictly by the rules in force.
b) On facts, the respondents do not dispute that the applicant's father, Late Abdul Aziz, was serving as a Sub-Inspector in the J&K Armed Police and died in harness on 09.08.2007. It is Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: O.A. No. 557/2024 admitted that the applicant applied for compassionate appointment on 13.12.2017 and that his case was forwarded to the Home Department on 13.06.2018 for appointment as Constable in relaxation of age, since he was a minor at the time of death of the employee.
c) However, it is stated that upon examination by the competent authority, it was found that the applicant had married on 04.12.2017, as reflected in the marital status certificate issued by the Tehsildar, Chenani. In view of the amended provisions of the Compassionate Appointment Rules brought into force vide SRO-376 of 2017, a married son was not eligible for compassionate appointment. Accordingly, the Home Department conveyed that the applicant's case was not covered under the applicable rules.
d) The respondents further submit that in compliance with the Tribunal's earlier order dated 23.12.2021, the applicant's case was re-examined at the Police Headquarters. Upon such reconsideration, and keeping in view the provisions of SRO-43 Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: O.A. No. 557/2024 of 1994 read with SRO-376 of 2017, the competent authority found the claim of the applicant to be non-tenable and rejected the same vide order dated 03.12.2022.
e) It is also pleaded that the applicant's sister had earlier sought compassionate appointment, which was declined by the Government, and that no other eligible dependent was available. According to the respondents, the applicant's marriage disentitled him from being treated as a dependent family member under the amended rules.
f) The respondents deny any arbitrariness or illegality in the decision-making process and assert that they are bound to adhere strictly to the rules governing compassionate appointment. They contend that the rejection order has been passed after due consideration of the relevant records and statutory provisions and does not warrant interference by this Tribunal.
4. The applicants have filed their rejoinder to the reply statement filed by the respondents wherein they have averred as follows: -
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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a) The applicant has carefully gone through the reply/objections filed by the respondents. Except for those averments which are matters of record, all other assertions made therein are emphatically denied. The respondents' reply is misconceived, evasive, and founded on a mechanical interpretation of the rules, ignoring both the factual matrix and the settled position of law governing compassionate appointments.
b) At the outset, it is submitted that the entire defence of the respondents revolves around the solitary ground that the applicant is a married son and, therefore, disentitled to compassionate appointment in view of SRO-376 of 2017. This stand is legally unsustainable and ex facie arbitrary. The respondents have deliberately failed to appreciate that the right of the applicant to be considered for compassionate appointment crystallised on the date of death of his father in harness, i.e., on 09.08.2007, when SRO-43 of 1994 alone governed the field. Any subsequent amendment cannot be Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: O.A. No. 557/2024 given retrospective effect so as to divest the applicant of a claim which had already accrued.
c) The respondents have also conspicuously omitted to deny the foundational facts which unequivocally establish the eligibility of the applicant under SRO-43 of 1994. It is an admitted position that a valid dependency certificate and income certificate were issued in favour of the applicant by the competent revenue authorities after due verification. It is further admitted that the CID verification was conducted and the applicant was found to possess good moral character with no adverse antecedents. Most importantly, the respondents cannot dispute that the Director General of Police himself, after full satisfaction, recommended the case of the applicant to the Home Department in the year 2018 for appointment as Constable with relaxation of age. These admitted facts demolish the respondents' attempt to portray the applicant as ineligible.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) The contention that marriage automatically severs dependency is wholly fallacious. Dependency under the Compassionate Appointment Rules is a question of fact, not a rigid presumption. The respondents have neither pleaded nor established that the applicant had attained financial independence or that the family had ceased to be in indigent circumstances. Mere marital status, by itself, cannot be used as a disqualifying factor, particularly when the applicant was the sole dependent son and the family had already lost its breadwinner.
e) The respondents' reliance on SRO-376 of 2017 is further vitiated by their own conduct. Having found the applicant's case fit, the respondents themselves forwarded it for consideration in relaxation of rules. Once the case was recommended for relaxation, it could not have been unilaterally rejected by the respondent No. 3, who had no jurisdiction to override his own recommendation or to assume the role of the competent authority. This action is clearly ultra Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: O.A. No. 557/2024 vires the scheme of the Compassionate Appointment Rules and reflects non-application of mind.
f) It is further submitted that the respondents have acted in blatant disregard of the earlier order passed by this Hon'ble Tribunal dated 23.12.2021. Instead of undertaking a meaningful reconsideration as directed, the respondents passed a colourable and repetitive order dated 03.12.2022, reiterating the very same ground which already stood questioned before the Tribunal. Such an exercise cannot be termed compliance in the eyes of law and defeats the authority of judicial directions.
g) The respondents' plea that compassionate appointment is only a concession and not a vested right has been raised as a ritualistic defence. While the scheme may be an exception to the general rule of recruitment, it is equally settled that once rules are framed and conditions are fulfilled, the authorities are bound to act fairly, reasonably, and non-arbitrarily.
Compassionate appointment cannot be denied by importing Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: O.A. No. 557/2024 inapplicable amendments or by adopting a hyper-technical approach that frustrates the very object of the scheme.
h) The impugned rejection order also stands vitiated on account of violation of principles of natural justice. No opportunity of hearing was afforded to the applicant before rejecting his claim, despite the fact that his earlier litigation had culminated in a direction for reconsideration. The order has been passed behind the back of the applicant, rendering it procedurally unfair and legally untenable.
i) In view of the aforesaid facts and circumstances, it is submitted that the reply filed by the respondents is devoid of merit, based on an erroneous understanding of law, and intended solely to deny the applicant his legitimate claim. The impugned order deserves to be quashed, and the respondents be directed to grant compassionate appointment to the applicant strictly in accordance with SRO-43 of 1994, with all consequential benefits.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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5. Heard learned counsel for the parties and perused the pleadings made by them.
6. The applicant has invoked Section 19 of the Administrative Tribunals Act, 1985, challenging PHQ Order No. 4053 of 2022 dated 03.12.2022, whereby his claim for compassionate appointment has been rejected solely on the ground that he is a married son of the deceased employee. The applicant prays for quashing of the said rejection and for a consequential direction to the respondents to appoint him (as recommended earlier) against the post of Constable under the Compassionate Appointment Rules, 1994 (SRO-43 of 1994), without applying SRO-376 of 2017 retrospectively. The applicant is the son of Late Abdul Aziz, who was serving as Sub-
Inspector in J&K Armed Police, posted with JKAP 7th Battalion, and who died in harness on 09.08.2007. At the time of death, the applicant was a minor and could not have applied immediately for appointment.
7. After attaining the requisite age, the applicant approached the department for compassionate appointment. A dependency Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: O.A. No. 557/2024 certificate and income certificate were issued by the competent revenue authority after due enquiry. A CID verification regarding character and antecedents was also conducted and nothing adverse was found. The record further reveals that the competent police authority, on the basis of documents and satisfaction as to eligibility, forwarded/recommended the case to the Government/Home Department vide letter dated 13.06.2018, recommending appointment of the applicant as Constable with relaxation of age, since he was a minor on the date of death.
8. The applicant's claim was, however, opposed on the ground that he had married on 04.12.2017, and therefore in view of SRO-376 of 2017 dated 11.09.2017, he was allegedly not covered. The applicant earlier approached the High Court and later the matter came to be adjudicated by this Tribunal as T.A. No. 61/434/2020, which was disposed of on 23.12.2021 with a direction to the respondents to consider the case in accordance with law and the relevant material/recommendations.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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9. Instead of granting meaningful consideration, the respondents again rejected the claim vide the impugned PHQ Order No. 4053 of 2022 dated 03.12.2022, reiterating that the applicant is a married person and therefore ineligible under SRO-43 read with SRO-376 of 2017.
The applicant pursued contempt proceedings, which were disposed of on 01.05.2024 with liberty to avail appropriate remedy, resulting in the present OA.
10. The respondents contend that compassionate appointment is only a concession and must be governed strictly by the rules. They admit death in harness, the forwarding of the case, and the marital status certificate, and justify rejection solely on the premise that after SRO-
376 of 2017 a married son is not covered. They also state that in compliance with the Tribunal's earlier order, the case was re-
examined and rejected as per the amended rules.
11. The controversy, on the admitted facts, lies in a narrow compass and the following questions arise for consideration:
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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(i) Whether the respondents were legally justified in applying SRO-
376 of 2017 to a case where the employee died in harness in 2007 (cause of action in 2007/2008) and the claim is rooted in that event?
(ii) Whether rejection solely on the ground of "married son" is sustainable, particularly when the applicant was a minor at the time of death and his case was recommended for appointment with age relaxation?
(iii) Whether the impugned order reflects meaningful compliance of the Tribunal's earlier direction dated 23.12.2021?
12. It is not in dispute that Late Abdul Aziz died in harness on 09.08.2007 while serving the department. Compassionate appointment is an exception carved out to mitigate immediate hardship caused by the death of the breadwinner. In such matters, the foundational event giving rise to consideration under the scheme is the death in harness.
Where the dependent could not apply immediately because of being a minor, the scheme is expected to be applied in a manner that preserves Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 19 :: O.A. No. 557/2024 the intended relief, subject of course to rules regarding eligibility, dependency, and vacancy.
13. The respondents seek to defeat the claim by relying on SRO-376 of 2017. However, a later amendment cannot ordinarily be applied retrospectively to extinguish or materially impair a claim which arose out of an earlier event, particularly when the delay is not attributable to the dependent but to the fact that he was a minor and could apply only upon attaining eligibility age. The applicant's cause of action, in substance, arose on the death of his father in 2007 (and in any event well before the 2017 amendment). Therefore, the insistence that eligibility must be tested only on the basis of the amended disqualification regarding a "married son" amounts to giving the amendment a retrospective and destructive effect, which is impermissible unless the amendment clearly mandates such retrospectivity. Nothing on record shows such express retrospective intent being applicable to pending/accrued claims.
14. In the present case, the department itself treated the claim as one arising from the death in harness and processed it through the required Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 20 :: O.A. No. 557/2024 channels: dependency and income verification, CID verification, and ultimately a recommendation in 2018 for appointment as Constable with age relaxation. This conduct itself demonstrates that the claim was being entertained under the compassionate framework rooted in the death event; it cannot thereafter be defeated by applying a later amendment in a manner that extinguishes the claim altogether.
15. The respondents' approach proceeds on the assumption that marriage, by itself, conclusively breaks dependency. This assumption is legally and factually overbroad. Dependency is essentially a question of fact, and in the compassionate appointment scheme it is assessed to determine whether the family remains in indigent circumstances and whether the applicant is a dependent family member eligible for consideration. The record shows that the competent revenue authority issued dependency/income certificates after enquiry, and the CID verification was clear.
16. Most importantly, the respondents have not demonstrated, either in the impugned order or in the written statement, any independent assessment that the applicant ceased to be dependent or that the family Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 21 :: O.A. No. 557/2024 was not in financial distress. Instead, the rejection is founded solely on marital status, without addressing the core object of the scheme and without a reasoned finding on dependency in the factual sense. Such a mechanical approach defeats the humane object of compassionate appointment and results in arbitrariness.
17. Additionally, the case has a special feature: the applicant was a minor at the time of death and thus sought age relaxation. When the respondents themselves forwarded the case for relaxation and recommendation, the authorities were obliged to decide it on a principled evaluation consistent with the scheme as applicable to the death event, rather than applying a later disqualification as a blunt instrument.
18. The applicant had earlier approached the judicial forum, and this Tribunal in T.A. No. 61/434/2020 disposed of the matter on 23.12.2021 directing reconsideration. The impugned order dated 03.12.2022, instead of reflecting meaningful reconsideration, repeats the same conclusion on the same solitary ground, without engaging with the legal question of retrospectivity, without dealing with the Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 22 :: O.A. No. 557/2024 certificates and recommendation, and without undertaking any real application of mind to the direction of the Tribunal.
19. The Tribunal cannot approve a compliance which is compliance in form but not in substance. Administrative decisions must demonstrate a speaking reasoning process, particularly when they follow judicial directions. The impugned order fails that test.mThe applicant has also pleaded absence of opportunity of hearing before rejection. Even assuming compassionate appointment is not a matter of right, fairness in decision-making is a minimum requirement. Where a claim is rejected on a ground that is being applied in a contested manner (retrospectivity), the least that is expected is a fair and reasoned consideration. The impugned order does not indicate any fair engagement with the applicant's contentions.
20. For the reasons recorded above, this Tribunal holds that the cause of action emanates from the death in harness in 2007 (and in any case prior to 2017), and the respondents were not justified in applying SRO-376 of 2017 retrospectively so as to defeat the claim. Rejection solely on the ground that the applicant is a married son, without a Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 15:05:04+05'30' Foxit PDF Reader Version: 2025.2.0 :: 23 :: O.A. No. 557/2024 fact-based adjudication on dependency and without considering the object of the compassionate scheme, is arbitrary and unsustainable. The impugned order dated 03.12.2022 does not reflect meaningful compliance of the Tribunal's earlier direction and is liable to be interfered with.
21. Accordingly, the Original Application is allowed and the following directions are issued:
(i) PHQ Order No. 4053 of 2022 dated 03.12.2022 is quashed and set aside.
(ii) The respondents are directed to process the applicant's case for compassionate appointment under SRO-43 of 1994 as applicable to the death in harness, treating the 2017 amendment (SRO-376 of 2017) as not applicable retrospectively to the present case.
(iii) The respondents shall complete the entire exercise of reconsideration and issuance of appointment order, if otherwise found eligible, within a period of (12) weeks from the date of receipt of a certified copy of this order.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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(iv) In view of the earlier departmental recommendation for appointment as Constable (with age relaxation), the competent authority shall deal with dependency, vacancy position, relaxation (if required), and eligibility, and shall not reject the claim merely on the ground of marital status.
(v) On appointment, the applicant shall be entitled to notional seniority/continuity for the limited purpose of seniority and fixation from the date his case was first recommended/processed (as per record), however monetary benefits shall accrue prospectively from the date of actual joining, unless rules provide otherwise.
22. No order as to costs.
(RAJINDER SINGH DOGRA) Judicial Member /harshit / Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, HARSHIT YADAV STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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