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Central Administrative Tribunal - Jammu

Ram Paul vs D/O Home Ut Of Jammu & Kashmir on 4 February, 2026

                                                                                                            :: 1 ::       TA 3761/2020

                              CENTRAL ADMINISTRATIVE TRIBUNAL
                                   JAMMU BENCH, JAMMU                                                                   (RESERVED)



                                                    Hearing through video conferencing

                                                 Transfer Application No. 3761/2020
                                                                      Reserved on: - 14.07.2025
                                                                      Pronounced on: - 04.02.2026

           HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
             HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)

            Ram Paul Aged 36 years
            Son of Late ASI Romesh Chander,
            R/o Mawa Brahamna Tehsil Akhnoor
            At present H.no.10, Lane no.3,
            Roop Nagar Enclave, Block A Jammu.

                                                                                                                        ...Applicant

            (Advocate: - Mr. Ankesh Chandel)



                                                                                                               Versus



            1. Union Territory of Jammu & Kashmir
            Through Principal Secretary,
            Home Department, Civil Secretariat,
            Jammu.



            2. Commissioner/Secretary to Govt.,
            General Administration Department,




             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, STREET="Wazarat Road, Opposite Chief Secretary Camp office



HARSHIT YADAV
             Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
             SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
             [email protected], CN=HARSHIT YADAV
             Reason: I am the author of this document
             Location:
             Date: 2026.02.05 13:21:37+05'30'
             Foxit PDF Reader Version: 2025.2.0
                                                                                                             :: 2 ::       TA 3761/2020

            Civil Secretariat, Jammu.

            3. Director General of Police,
            Union Territory Jammu & Kashmir
            Police Headquarters, Jammu.
                                                                                                                      ...Respondents

            (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, ld. D.A.G)




             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, STREET="Wazarat Road, Opposite Chief Secretary Camp office



HARSHIT YADAV
             Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
             SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
             [email protected], CN=HARSHIT YADAV
             Reason: I am the author of this document
             Location:
             Date: 2026.02.05 13:21:37+05'30'
             Foxit PDF Reader Version: 2025.2.0
                                                                                                                :: 3 ::   TA 3761/2020

                                                                                                               ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.4500/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3761/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon'ble High Court seeking following relief: -

(a) An appropriate writ, order or direction in the nature of writ of certiorari quashing the decision of respondent no.1 as contained in Police Headquarters J&K Jammu/Srinagar's letter No. Pers-

A-140/2017/58083-84 dated 26.09.2019 of offering the appointment to the post of Follower to the petitioner under the J&K Compassionate Appointment Rules, 1994 (SRO 43 of 1994) being totally illegal, contrary to the J&K Compassionate Appointment Rules, 1994 (SRO 43 of 1994) and not commensurate to the qualification of the petitioner being MBA.

(b) An appropriate writ, order or direction mandamus commanding the respondent no.1 to consider the case of the petitioner for his appointment against a non-gazetted post either in Police Department or recommend his case to the respondent no.2 for his appointment on compassionate grounds against any civil post commensurate to his qualification being B.Sc. MBA on the same analogy and methodology on the basis of which cases of various similarly situated persons details whereof given in the body of the petition, have been recommended to General Administration Department by the Home department and they have been appointed against civil posts.

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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: TA 3761/2020
(c) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 4500/2019, originally filed before the Hon'ble High Court of Jammu and Kashmir at Jammu, which on transfer stood registered as T.A. No. 3761/2020 before this Tribunal. The applicant seeks redressal against the decision of the Home Department, Government of Jammu and Kashmir, whereby he was offered appointment on compassionate grounds to the post of Follower in the J&K Police under the Jammu and Kashmir Compassionate Appointment Rules, 1994 (SRO-43 of 1994), which according to him is wholly arbitrary, discriminatory, and grossly disproportionate to his educational qualifications.
b) The applicant is the son of late ASI Romesh Chander, who was serving in the J&K Police and died in harness on 04.03.2017 while on official duty, having met with a fatal road accident. 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 3761/2020 Consequent upon his death, the name of the deceased employee was struck off from the rolls of the Police Department with effect from the date of death. The applicant and his mother were duly declared as dependents under SRO-43 of 1994 by the competent authority, and the applicant thereafter sought appointment on compassionate grounds to mitigate the financial hardship caused by the untimely demise of the sole breadwinner of the family.
c) It is the specific case of the applicant that he is a highly qualified person, possessing a B.Sc. degree, a Post-Graduate Diploma in Business Management, and a Master's Degree in Business Administration, and was unemployed at the time of the death of his father. He submitted a representation dated 02.06.2017 to the Senior Superintendent of Police, Jammu, seeking compassionate appointment in a civil or non-gazetted post commensurate with his qualifications. His case was duly processed at various levels and was recommended by the Senior Superintendent of Police and Inspector General of Police, Jammu Zone, to the Police Headquarters, which in turn 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 3761/2020 forwarded the case to the Home Department for consideration against a suitable civil post.
d) However, the Home Department, vide communication dated 16.09.2019, instead of recommending the applicant's case to the General Administration Department for appointment against a suitable civil post, directed that the compassionate appointment case of the applicant be settled at the Police Headquarters level itself by offering him appointment as Follower in the J&K Police in terms of Rule 3(1) of SRO-43 of 1994. Acting upon the said decision, Police Headquarters issued the impugned communication dated 26.09.2019 directing the concerned authorities to obtain the applicant's willingness and to subject him to medical examination for appointment to the post of Follower.

e) Aggrieved by the said action, the applicant submitted a detailed representation dated 16.12.2019 objecting to the offer of appointment as Follower on the ground that the said post requires only matriculation as the minimum qualification and is wholly inferior and unsuitable in view of his higher academic 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 3761/2020 credentials. The applicant specifically pleaded that similarly situated dependents of deceased police personnel, possessing even lower or comparable qualifications, were recommended by the Home Department to the General Administration Department and were appointed against suitable civil posts such as Teacher, Junior Assistant, Receptionist, Village Level Worker, and Junior Supervisor, thereby demonstrating a clear pattern of discrimination and arbitrary treatment.
f) According to the applicant, Rule 3(2) and Rule 4 of SRO-43 of 1994 confer discretionary powers upon the Government to appoint a dependent to a higher non-gazetted post and to refer cases to the General Administration Department where suitable posts are not available within the parent department. The failure of the respondents to exercise such discretion in his case, despite clear precedents, is asserted to be violative of Articles 14 and 16 of the Constitution of India. Hence, the applicant challenges the impugned decision and seeks consideration for appointment to a suitable post commensurate with his qualifications.
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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 3761/2020

4. The respondents have filed their reply statement wherein they have averred as follows: -

a) The respondents have filed their reply contesting the claim of the applicant and have raised preliminary as well as substantive objections. At the outset, it is contended that the application does not disclose infringement of any fundamental, statutory, or legal right and is liable to be dismissed for want of cause of action. It is further alleged that the applicant has approached the Tribunal without clean hands and has attempted to mislead the Court by suppressing material facts and misrepresenting the true position.
b) On merits, the respondents do not dispute the death of the applicant's father in harness or the issuance of a dependent certificate in favour of the applicant. It is stated that the compassionate appointment case of the applicant was initially forwarded by the Police Headquarters to the Home Department in September 2017 for appointment against a suitable civil post 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 3761/2020 under SRO-43 of 1994. However, upon consideration, the Home Department, in exercise of its powers, directed that the case be settled at the Police Headquarters level by offering appointment to the applicant as Follower in the J&K Police strictly in terms of Rule 3(1) of SRO-43 of 1994.
c) The respondents assert that compassionate appointment is not a matter of right and that the applicant cannot claim appointment to a post of his own choice merely on the basis of higher qualifications. It is emphasized that the object of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee and not to confer a status-

based or qualification-based appointment. According to the respondents, the offer of appointment as Follower is fully in consonance with the statutory rules governing compassionate appointments.

d) It is further averred that pursuant to the Home Department's decision, the Police Headquarters initiated the process for appointing the applicant as Follower and required him to submit his willingness and undergo medical examination. However, 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 3761/2020 despite repeated requests through the concerned police authorities, the applicant failed to furnish the requisite willingness and medical documents, thereby stalling the process. The respondents contend that the delay, if any, is attributable solely to the applicant and not to any inaction on their part.
e) With regard to the instances cited by the applicant of other dependents being appointed to higher or civil posts, the respondents submit that those cases were decided on their own facts and circumstances and in accordance with the policy and discretion exercised by the Government at the relevant time. It is denied that the applicant has been discriminated against, and it is asserted that the action taken in his case is lawful, reasonable, and within the four corners of SRO-43 of 1994.
f) The respondents, therefore, submit that the applicant has failed to establish any arbitrariness, illegality, or violation of constitutional provisions and that the application, being devoid of merit, deserves dismissal.
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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 3761/2020

5. Heard learned counsel for the parties and perused the material available on record.

6. The present Transfer Application, originally filed as SWP No. 4500/2019 before the Hon'ble High Court of Jammu and Kashmir and subsequently transferred to this Tribunal, calls in question the legality and propriety of the decision of the respondent authorities whereby the applicant, despite possessing higher academic qualifications, has been offered appointment on compassionate grounds to the post of Follower in the J&K Police under the Jammu and Kashmir Compassionate Appointment Rules, 1994 (SRO-43 of 1994).

7. The facts are largely undisputed. The applicant is the son of late ASI Romesh Chander, who died in harness on 04.03.2017 while discharging official duties. The applicant and his mother were duly declared dependents under SRO-43 of 1994. The applicant, at the relevant time, was unemployed and possessed the qualifications of B.Sc., Post-Graduate Diploma in Business Management, and Master of Business Administration. His case for compassionate appointment was processed at various levels and was, in fact, recommended by the Police Department to the Home Department for appointment against 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: TA 3761/2020 suitable civil post. However, the Home Department, instead of referring the case to the General Administration Department or considering appointment against a suitable non-gazetted post commensurate with the applicant's qualifications, directed that the case be settled at the Police Headquarters level itself by offering appointment to the applicant as Follower. The said decision was communicated vide impugned order dated 26.09.2019.

8. The applicant assails the impugned action primarily on the ground that the post of Follower requires only matriculation as the minimum qualification and is wholly disproportionate and unsuitable in view of his higher educational credentials. He further contends that several similarly situated dependents of deceased police personnel were recommended by the Home Department to the General Administration Department and were appointed against suitable civil posts such as Teacher, Junior Assistant, Receptionist, Village Level Worker and Junior Supervisor, whereas his case has been singled out for adverse treatment, rendering the impugned action discriminatory and violative of Articles 14 and 16 of the Constitution of India.

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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 3761/2020

9. Per contra, the respondents have justified their action by contending that compassionate appointment is not a matter of right, that the applicant cannot insist upon a post of his choice, and that the offer of appointment as Follower is strictly in accordance with Rule 3(1) of SRO-43 of 1994. It is also contended that the applicant did not submit his willingness for the post offered and, therefore, cannot now assail the decision.

10. Having heard learned counsel for the parties and perused the material on record, this Tribunal is of the considered view that the impugned action of the respondents cannot be sustained in law.

11. It is well settled that compassionate appointment is intended to provide immediate succour to the family of a deceased employee who dies in harness, and it is not meant to be a source of regular recruitment. At the same time, the scheme of compassionate appointment must be implemented in a fair, reasonable, and non-

arbitrary manner, consistent with the constitutional mandate of equality. While it is correct that no dependent can claim appointment to a particular post as a matter of right, it is equally settled that 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 3761/2020 discretion vested in the Government under the compassionate appointment rules cannot be exercised arbitrarily or discriminatorily.

12. A careful reading of Rule 3 and Rule 4 of SRO-43 of 1994 makes it abundantly clear that while appointment is ordinarily to be made against the lowest rank in non-gazetted service or Class-IV post, the Rules do not place an absolute embargo on appointment to a higher non-gazetted post. Rule 3(2) expressly preserves the discretionary power of the Government to appoint a dependent to a higher post, and Rule 4 further provides that where no suitable post is available within the department, the case may be referred to the Administrative Department and, thereafter, to the General Administration Department for appointment in any other department. Thus, the Rules themselves contemplate flexibility and the exercise of discretion based on facts and circumstances of each case.

13. In the present case, the record clearly reveals that the applicant's case was initially processed and forwarded for appointment against a suitable civil post, which itself demonstrates that the respondents were conscious of the applicant's higher qualifications. The subsequent decision of the Home Department to restrict the applicant's 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: TA 3761/2020 appointment to the post of Follower, without assigning any cogent reason as to why his case was not referred to the General Administration Department, is wholly arbitrary. The respondents have failed to explain why the discretion available under Rule 3(2) and Rule 4 of SRO-43 of 1994 was exercised in favour of several other similarly situated candidates but denied to the applicant.

14. The instances cited by the applicant, where dependents of deceased police personnel were appointed to suitable civil posts on the recommendations of the Home Department, have not been specifically distinguished on any rational basis. Mere assertion that those cases were decided on their own facts is not sufficient to justify unequal treatment. Once the respondents themselves have adopted a consistent practice of recommending similarly placed candidates for appointment against suitable posts commensurate with their qualifications, denial of similar consideration to the applicant, who is admittedly highly qualified, offends the doctrine of equality and fair play.

15. The argument of the respondents that the applicant did not submit willingness for the post of Follower also does not advance their case.

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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 3761/2020 The applicant had, in fact, submitted a detailed representation objecting to the offer on the ground of mismatch between the post offered and his qualifications. Such objection cannot be construed as refusal to accept compassionate appointment altogether, but rather as a legitimate grievance against an arbitrary exercise of discretion.

16. This Tribunal is, therefore, of the firm view that the impugned communication dated 26.09.2019 offering appointment to the applicant as Follower suffers from arbitrariness, non-application of mind, and discriminatory treatment, and is liable to be quashed.

17. Accordingly, the Transfer Application is allowed.

The impugned order/communication dated 26.09.2019, whereby the applicant was offered appointment to the post of Follower in the J&K Police, is hereby quashed and set aside.

18. The respondents are directed to reconsider the case of the applicant for compassionate appointment strictly in accordance with SRO-

43 of 1994, keeping in view his higher educational qualifications and the principle of parity with similarly situated cases. The respondents shall consider his appointment against a suitable non-

gazetted or civil post commensurate with his qualifications, by 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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: TA 3761/2020 referring his case to the General Administration Department, if so required, in terms of Rule 3(2) and Rule 4 of SRO-43 of 1994.
19. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

No order as to costs.

       (RAM MOHAN JOHRI)                                                                                                     (RAJINDER SINGH DOGRA)
       Administrative Member                                                                                                     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, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.05 13:21:37+05'30' Foxit PDF Reader Version: 2025.2.0