Jammu & Kashmir High Court
Hari Krishan vs State Of Jammu And Kashmir Through Chief ... on 17 April, 2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 645 OF 2006 Hari Krishan Petitioners 1. State of Jammu and Kashmir through Chief Secretary to Government of Jammu and Kashmir. 2. Commissioner Secretary General Administration Department Civil Secretariat Jammu 3. Inspector General of Police Jammu Range-Jammu 4. Senior Superintendent of Police Kathua Respondent !None ^None Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Date: 17.04.2015 :J U D G M E N T :
1 This writ petition is filed praying for issuance of writ of mandamus, directing the respondents to appoint the petitioner as constable in Jammu and Kashmir Police on compassionate grounds in terms of SRO 43 of 1994.
2 The case of the petitioner is that his brother namely late Sh. Hari Ram, who was the only bread winner of his family was selected Constable in the J&K Police and was allotted Constable No.797/K. While on duty on 1st of March, 2001 when his brother Hari Ram was escorting Matador No. 6191 JK02 which was carrying Government Treasury, the said vehicle was attacked by the militants and in the said attack, brother of the petitioner was killed leaving behind the petitioner and his whole family. The petitioner who was dependent upon the earnings of late Hari Ram and was only eligible person under rules applied for compassionate appointment in terms of SRO 43 of 1994. The dependent certificate was also obtained and application was submitted accordingly. No order having been passed, the present writ petition has been filed.
3 The respondents filed objections admitting that the brother of the petitioner died while in service and the application of the petitioner was processed. It is further stated in the objections that the widow of Hari Ram, brother of the petitioner, namely Sushma Devi was directed to appear before the competent authority and to produce the affidavit stating that she has no objection for giving appointment to the petitioner on compassionate ground after attaining the age of majority. Later on, aforesaid Sushma Devi was engaged as SPO and she reported in the office along with application wherein she submitted her unwillingness to work as SPO and requested for her appointment in the Civil Department. It is further stated that DGP J&K Police endorsed a letter dated 30.01.2004 to Financial Commissioner Home Department by DGP J&K requesting the appointment of Sushma Devi wife of deceased Hari Ram in the Education/Social Welfare Department as class IV employee under SRO 43 of 1994. It is no-where stated in the objections as to where the widow of the deceased namely Sushma Devi was appointed and in case, she has not been given class-IV employment in any of the Government Department, the claim of the petitioner who is also LR of the deceased is to be considered for compassionate appointment.
4 In such view of the matter, this petition is disposed of directing 3rd respondent to consider the claim of the petitioner within a period of six weeks from the date of receipt of copy of this order, if the widow of the deceased namely Sushma Devi has not been given appointment under compassionate ground.
(N. Paul Vasanthakumar) Chief Justice Jammu, 17.04.2015 Sanjeev