Excelsior Correspondent
JAMMU, June 13: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today held that court cannot directly order compassionate appointment without even a claim made before the competent authority.
The significant judgment has been passed in two LPAs.
After hearing both the sides, DB observed, “the claim of the writ petitioners is that one of the legal heirs of the deceased be given compassionate appointment”. “Admittedly the writ petitioners have not approached the Deputy Commissioner Pulwama with an application seeking compassionate appointment”, the DB added.
“Hence, this court cannot directly order compassionate appointment without even a claim made before the competent authority”, the DB said, adding “the liberty is granted to the writ petitioners to approach the Deputy Commissioner Pulwama, seeking compassionate appointment to any one of the legal heirs”.
“If any such application is filed the same is bound to be considered in accordance with law governing the appointment to be made on compassionate grounds”, the court said.
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