Jammu & Kashmir High Court - Srinagar Bench
S.Vikram Singh vs State Of J&K And Ors on 28 July, 2009
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP No. 1250 of 2009 S.Vikram Singh Petitioners State of J&K and Ors Respondents ! Mr. Navneet Dubey, Advocate ^Nome Honble Mr. Justice Muzaffar Hussain Attar, Judge Dated: 28/7/2009 : J U D G M E N T:
This case reflects the unfortunate events in which the petitioner landed when he was an infant of the age about one and half years. He lost both his parents and also his sister. He sustained injuries in a fatal accident which took place in the year 1986 and consequent thereto he lost his father, who was working as a driver in the Floriculture Department of the State Government. After attaining the age of majority, he approached the respondents for seeking appointment on compassionate grounds. His case was processed and ultimately vide letter dated 15th January, 2008 issued by the Under Secretary to Government, Floriculture Department, it was communicated to the Director Floriculture Jammu that the case of petitioner is not covered under rules.
In this petition, the petitioner seeks issuance of a writ of Certiorari for quashing the said communication and also seeks issuance of a writ of Mandamus for directing the respondents to appoint him on compassionate grounds.
Heard learned counsel for petitioner. Considered the matter.
Mr. Dubey, learned counsel for petitioner has referred to rule 7 of J&K Compassionate Appointment Rules, 1994 to canvass that the Government has the power to relax the lower and upper age limits etc. He submits that on the strength of said Rule the Government can be directed to consider the case of the petitioner and appoint him on compassionate grounds. Compassion may appeal the sentiments of a person, but in a society governed by the rule of law, the affairs thereof are to be conducted strictly in accordance with law and the mandate of the Constitution. The posts in the Government departments are the public property and when the Government has to fill the post, then all the eligible candidates are to be considered for being selected and appointed against those posts.
In view of the Constitutional mandate as contained in Articles 14 and 16, the appointments/selections are to be made strictly in accordance with the mandate contained in the provisions of the Constitution. The like other provisions Articles 19, 21, the Article 14 and 16 also constitute the soul of our constitution and, thus, constitutional provisions ought to be considered strictly so as to avoid unfairness, arbitrariness and unreasonableness in the action of the state authorities.
As an exception to the general mode of selection and appointment to the public posts, the Government has made the rules called J&K Compassionate Appointment Rules, 1994 to mitigate the hardships of family members, who suffer immediate deprivation of source of sustenance. This is a concession given by the Government and cannot be made for obtaining employment in the Government. The solemn purpose behind making such a rule is to protect the family members, who are caught in a situation where they are not in a position to sustain themselves. The laudable purpose of such a provision of law is in consonance with Articles 14 and 21 of the Constitution. The said concession cannot be extended to a person after long time. The purpose is to mitigate immediate hardships. If a person has survived for years together, it can be safely said that he has overcome the need for survival through some other means. The concession of Compassionate Appointment in such cases cannot be allowed.
However, there may still be exception to the general rule as well, but not nothing is brought on record of this case to make it out as an exceptional case.
This writ petition being meritless is, accordingly, dismissed along with all connected CMPs.
Jammu (Muzaffar Hussain Attar) 28.07.2009 Judge Paramjeet