Central Administrative Tribunal - Jammu
Ajay Singh vs Home Department on 5 February, 2026
:: 1 :: O.A. No. 703/2024
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 703/2024
Reserved on:- 29.09.2025
Pronounced on: - 05.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
Ajay Singh, Age 25 years S/o Late Sh. Naresh Kumar R/o Village
Bani, Tehsil Basohli, District Kathua 18410
...Applicant
(By Advocate: - Mr. Sudershan Sharma)
VERSUS
1. Union Territory of Jammu & Kashmir Through Principal
Secretary to Government, Home Department, Civil Secretariat,
Jammu. PIN CODE: 180001.
2. Director General Of Police, Jammu, J&K..
...Respondents.
(By Advocate: - Mr. Rajesh Thapa, AAG)
Digitally signed by HARSHIT YADAV
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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 12:31:38+05'30'
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:: 2 :: O.A. No. 703/2024
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) Prayer seeking quashing of the bearing No. 1318 of 2024 dated 27.05.2024 issued by respondent no. 2 vide which the case of the applicant for his compassionate appointment in the department of the respondents has been rejected, as the same is arbitrary, illegal and passed with non-application of mind.
b) Prayer seeking directions upon the respondents to reconsider the case of the applicant for his compassionate appointment, under SRO 43 of 1994 and not SRO-376 of 2017 as the same is not applicable in case of applicant, in the interest of Justice and in the given facts and circumstances of the case.
c) The Hon'ble Tribunal may kindly award such other relief(s) as may be considered appropriate in the circumstances of the present case.
Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 3 :: O.A. No. 703/2024
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The applicant, Ajay Singh, is a permanent resident of the Union Territory of Jammu and Kashmir and claims to be entitled to consideration for compassionate appointment under the applicable statutory rules. His grievance arises out of Order No. 1318 of 2024 dated 27.05.2024 issued by respondent No. 2, whereby his claim for compassionate appointment has been rejected. The applicant assails the said order as arbitrary, illegal, and suffering from non-application of mind.
b) The factual backdrop reveals that the father of the applicant, Late Shri Naresh Kumar, was serving as a Constable in the Jammu and Kashmir Police and was posted at Police Station Bani. While in active service, he expired on 15.03.2000, leaving behind his widow and three minor children, including the present applicant. At the time of death of the sole breadwinner, the family was entirely dependent upon him and was suddenly pushed into financial distress. Digitally signed by HARSHIT YADAV
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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: O.A. No. 703/2024
c) Following the death of the employee, his widow, Smt. Champa Rani, applied for compassionate appointment under SRO 43 of 1994. Her case was provisionally approved vide PHQ Order No. 3088 of 2007 dated 18.09.2007 for appointment as a Follower. However, despite such approval, she was never allowed to actually join service. The applicant asserts that repeated approaches made by the family to the authorities yielded no tangible relief, leaving the family to survive merely on family pension.
d) It is pleaded that despite extreme financial hardship, the children of the deceased were educated with great difficulty.
The applicant subsequently acquired the prescribed educational qualification of 10+2, attained majority, and fulfilled all eligibility conditions including physical fitness. Upon becoming eligible, he submitted representations to the respondents seeking consideration of his case for compassionate appointment under SRO 43 of 1994.
e) As no decision was forthcoming, the applicant approached this Tribunal by filing O.A. No. 1395/2022. The said Original Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: O.A. No. 703/2024 Application was disposed of on 10.10.2022 with a direction to the respondents to treat the application as a representation and to decide the claim of the applicant by passing a reasoned and speaking order within a stipulated period. Despite the clear directions of the Tribunal, the respondents delayed the decision for more than one and a half years and ultimately rejected the claim vide the impugned order dated 27.05.2024.
f) The applicant contends that the rejection is based on a complete misinterpretation of SRO 177 of 2014 and SRO 376 of 2017.
According to the applicant, SRO 177 of 2014 nowhere prescribes that the dependent must have attained the age of 13 years at the time of death of the employee. Further, SRO 376 of 2017, by its own explanation, applies only to cases which were pending or rejected as on 11.09.2017. Since the applicant's claim arose only after he attained majority and requisite qualification, the application of SRO 376 of 2017 is wholly misconceived.
g) The applicant asserts that compassionate appointment is intended to mitigate hardship and not to be defeated by hyper- Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: O.A. No. 703/2024 technical interpretations. He relies upon settled judicial precedents holding that where a dependent was minor at the time of death, his claim can be considered upon attaining majority, subject to the family continuing to be in financial distress.
h) Aggrieved by the rejection of his claim despite continued hardship and in disregard of binding legal principles, the applicant has been constrained to file the present Original Application seeking quashment of the impugned order and a direction for reconsideration of his case under SRO 43 of 1994.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents have filed their written statement opposing the Original Application and raising preliminary as well as factual objections.
b) At the outset, it is contended that the Original Application does not disclose violation of any statutory or fundamental right of the applicant and, therefore, does not warrant interference by Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: O.A. No. 703/2024 this Tribunal. It is further pleaded that the applicant lacks locus standi, that no enforceable right has accrued in his favour, and that the application suffers from suppression and misrepresentation of material facts.
c) On merits, it is submitted that the respondents have acted strictly in compliance with the directions issued by this Tribunal in O.A. No. 1395/2022. Pursuant thereto, the case of the applicant was examined at the level of Police Headquarters. During such examination, it was found that the applicant was born on 12.06.1998 and was below five years of age at the time of death of his father on 15.03.2000. Consequently, he was not eligible for reservation of a post under SRO 177 of 2014, which, according to the respondents, requires that the dependent must have attained the age of 13 years at the time of death to avail reservation of a post for five years.
d) It is further pleaded that the compassionate appointment case of the family had already been processed earlier in favour of the widow, Smt. Champa Rani, who was provisionally approved for appointment as Follower under SRO 43 of 1994 vide PHQ Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: O.A. No. 703/2024 Order No. 3088 of 2007 dated 18.09.2007. However, during verification of documents, her educational qualification certificate was found to be fake, leading to cancellation of her approval ab initio vide PHQ Order No. 1004 of 2012 dated 24.03.2012.
e) The respondents assert that since the compassionate appointment case of the family was already processed and subsequently cancelled, the same cannot be treated as pending. It is further contended that the claim of the applicant was neither pending nor rejected prior to the issuance of SRO 376 of 2017 dated 11.09.2017 and, therefore, does not fall within the scope of SRO 43 of 1994. On this basis, the respondents concluded that the claim of the applicant was beyond the permissible scope of the applicable rules and was rightly rejected on merits vide Order No. 1318 of 2024 dated 27.05.2024.
f) The respondents deny that there has been any arbitrariness or non-application of mind in the decision-making process and submit that the impugned order is reasoned, lawful, and in consonance with the governing statutory framework. It is Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: O.A. No. 703/2024 reiterated that compassionate appointment is not a vested right and must strictly conform to the policy in force.
g) Accordingly, the respondents pray for dismissal of the Original Application as being devoid of merit, misconceived, and not maintainable under law.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The present Original Application has been filed by the applicant seeking quashment of Order No. 1318 of 2024 dated 27.05.2024 issued by respondent No. 2, whereby the claim of the applicant for compassionate appointment has been rejected, and for a consequential direction to the respondents to consider and grant compassionate appointment to the applicant under SRO 43 of 1994.
6. The facts, which are largely undisputed, reveal that the father of the applicant, Late Shri Naresh Kumar, was serving as a Constable in the Jammu and Kashmir Police and died in harness on 15.03.2000, leaving behind his widow and three minor children. At the time of his death, he was the sole breadwinner of the family. The family was thus Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: O.A. No. 703/2024 suddenly deprived of its only source of livelihood and was pushed into financial distress.
7. Immediately after the death of the employee, his widow, Smt. Champa Rani, applied for compassionate appointment under SRO 43 of 1994. Her case was provisionally approved vide PHQ Order No. 3088 of 2007 dated 18.09.2007 for appointment as Follower. However, for reasons attributable to the respondents, she was never allowed to actually join service. Subsequently, her provisional approval was cancelled in the year 2012 on the ground of alleged fake educational qualification. It is significant to note that the cancellation of the widow's case did not wipe out the fact that the family continued to remain in indigent circumstances.
8. At the time of death of the employee, the applicant was a minor. After attaining majority and acquiring the requisite educational qualification, the applicant approached the respondents seeking consideration of his case for compassionate appointment. As no decision was taken, he was constrained to approach this Tribunal by filing O.A. No. 1395/2022, which was disposed of on 10.10.2022 with Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: O.A. No. 703/2024 a clear direction to the respondents to consider the claim of the applicant and pass a reasoned and speaking order.
9. Despite the said direction, the respondents delayed the matter for more than one and a half years and ultimately rejected the claim of the applicant vide the impugned order dated 27.05.2024. The rejection is primarily based on two grounds: first, that the applicant was below five years of age at the time of death of his father and, therefore, was not eligible for reservation of a post under SRO 177 of 2014; and second, that since the case was neither pending nor rejected prior to issuance of SRO 376 of 2017, the applicant was not entitled to consideration under SRO 43 of 1994.
10. After hearing learned counsel for the parties and perusing the pleadings, this Tribunal is of the considered view that the impugned order cannot be sustained in law.
11. The object of compassionate appointment has been repeatedly emphasized by the Hon'ble Supreme Court and the High Courts, namely, to provide immediate succour to the family of a deceased employee who dies in harness and to mitigate the hardship arising Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: O.A. No. 703/2024 from the sudden loss of livelihood. Compassionate appointment is not intended to be defeated by hyper-technical or pedantic interpretation of rules, particularly where the family continues to remain in financial distress.
12. In the present case, it is not disputed that the applicant was a minor at the time of death of his father. The law is well settled that where the dependent is a minor at the relevant time, his claim for compassionate appointment does not extinguish but only remains in abeyance and can be considered upon attaining majority, subject to the family continuing to be in indigent circumstances. The respondents have failed to demonstrate that the family of the deceased employee has emerged out of financial hardship.
13. The reliance placed by the respondents on SRO 177 of 2014 is wholly misconceived. A bare reading of the said SRO does not prescribe that the dependent must have attained the age of 13 years at the time of death of the employee. The respondents have read into the rule a condition which does not exist. Such interpretation is clearly impermissible and reflects non-application of mind. Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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14. Equally unsustainable is the application of SRO 376 of 2017 to the case of the applicant. The explanation appended to SRO 376 of 2017 clearly provides that only those cases which were pending or rejected as on the date of issuance of the said notification shall be decided in accordance therewith. Admittedly, the applicant attained majority and became eligible after the said date. Therefore, his case could not have been tested on the anvil of SRO 376 of 2017. The rejection on this ground is thus legally flawed.
15. The contention of the respondents that the compassionate appointment case stood exhausted with the cancellation of the widow's provisional approval also does not merit acceptance. Compassionate appointment is intended for the benefit of the family as a whole, and not restricted to a particular individual. The cancellation of the widow's case, for whatever reason, cannot be used to permanently foreclose the claim of another eligible dependent, particularly when the family continues to remain in hardship.
16. This Tribunal also finds substance in the grievance of the applicant that the respondents failed to comply with the spirit of the earlier Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: O.A. No. 703/2024 order passed by this Tribunal in O.A. No. 1395/2022. Instead of objectively assessing the financial condition of the family and the eligibility of the applicant, the respondents have adopted a mechanical and rigid approach, resulting in denial of a beneficial provision.
17. In view of the aforesaid discussion, this Tribunal has no hesitation in holding that the impugned order dated 27.05.2024 suffers from arbitrariness, misinterpretation of statutory provisions, and non- application of mind, and is therefore liable to be quashed.
18. Accordingly, the Original Application is allowed and:
a) Order No. 1318 of 2024 dated 27.05.2024 issued by respondent No. 2 is quashed and set aside.
b) The respondents are directed to grant compassionate appointment to the applicant under SRO 43 of 1994, strictly in accordance with his eligibility and qualification, against an available suitable post.
Digitally signed by HARSHIT YADAV
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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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c) The above exercise shall be completed within a period of 12 weeks from the date of receipt of a certified copy of this judgment.
d) In case no post is presently available, the respondents shall create or reserve a supernumerary post, as permissible under law, so as to give meaningful effect to this judgment.
19. The appointment, if granted, shall carry all consequential service benefits, though monetary benefits shall be restricted prospectively from the date of actual appointment.
20. No order as to costs.
(RAJINDER SINGH DOGRA) Judicial Member /harshit / Digitally signed by HARSHIT YADAV 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 Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:31:38+05'30' Foxit PDF Reader Version: 2025.2.0