Excelsior Correspondent
Srinagar, May 24: The High Court has set aside the single bench judgment directing for appointment of the next kins of a person killed in militancy related incident by recording that the compassionate appointment is not a source of recruitment.
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The Government through Commissioner/Secretary GAD challenged the judgment passed by the writ court in 2022 directing therein the authorities to offer the brother of deceased compassionate appointment under SRO 43 of 1994 in relaxation of age and qualification.
The brother of Zahoor Ahmad Khan of Diver Lolab, Kupwara, Fareed Ahmad Khan, was reportedly killed by some unknown gunmen in 1994 and his brother was 11 years old at that time of death of his brother as such approached the court after attaining the prescribed age.
The appeal was filed on the ground that the writ court has failed to take note of the fact that one of the brother of the deceased-Fareed Khan already stood appointed in the Police Department and therefore, the family had successfully tided over the financial crisis which it had been put due to untimely demise of the bread-earner of the family.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar said the brother of the deceased approached the authorities for appointment after a period of 15 years. “Not only the family had comfortably survived till the year 2009, but one of the family members Sajad Ahmad Khan too had been appointed in the Police Department”, the court recorded.
The court said the financial crisis which the family was put in due to the unfortunate killing of the deceased Fareed Ahmad Khan, the bread-earner of the family, was over. There was, thus, no reason or justification to offer to the second brother of the deceased an employment under SRO 43 of 1994.
“…not only the brother of the deceased approached the appellant-Government for compassionate appointment after a period of more than 15 years after the death of the bread-earner of the family, but by the time he approached the appellants, one of the family members had already been gainfully employed in the Police Department of the Government of J&K”, read the judgment.
The court has ruled that the compassionate appointment is not a source of recruitment, but is only a benevolent gesture on the part of State to ensure that the dependents of the deceased employee or a person killed in a militancy action are not deprived of the means of livelihood
“In view of the clear position emerging and admitted fact situation obtained in the case, we find merit in this appeal and the same is accordingly allowed. The impugned judgment of the Writ Court is set-aside and as a consequence whereof, the writ petition is also dismissed”, the court concluded.
The court added that compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over.
“It is now well settled that the object of providing employment on compassionate grounds is to enable the family of the deceased to tide over the sudden crisis which is put in due to the death of the bread earner of the family. The death of a person killed in militancy related incident or of an employee in harness does not entitle his family to such source of livelihood”, read the judgment.
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