Excelsior Correspondent
Srinagar, June 6: High Court in a significant decision has held that next kin of a Daily Rated Worker (DRW) has a right for compassionate appointment under SRO 43.
Justice Sanjay Dhar while setting aside the order whereby the claim of one Mohammad Rafiq for compassionate appointment was rejected on the ground that services of his deceased father were never regularized as such the case did not meet the eligibility criteria under SRO 43.
Justice Dhar settled the question which arose that as to whether the benefit of compassionate appointment under SRO 43 can be extended in favour of dependant/nex kin of a DRW, who at the time of his death had acquired the eligibility for regularization of his services and his case was under consideration for regularization.
“…where a DRW had acquired right to be considered for regularization, before his death, his dependant will have a right to be considered for compassionate appointment under SRO 43 of 1994”, Justice Dhar recorded.
The court as such has held the action of the respondents in rejecting the case of Rafiq for accord of benefit of compassionate appointment in his favour on the ground that his father had not been regularized on Class-IV post, is not countenanced by law.
“Once it is shown that father of the petitioner had acquired right to regularization of his services and his case was under consideration at the time of his death, the respondents are not legally justified to reject the case of the petitioner for grant of compassionate appointment before his death”, the court said.
The court which these findings allowed the plea of petitioner-Rafiq and directed the authorities to consider his case for his appointment on compassionate basis in terms of SRO 43 of 1994 or any other rules/circular that may have replaced the aforesaid SRO, notwithstanding the fact that services of his father had not been regularized.
The court after having regard to the fact that the object and purpose of appointment on compassionate grounds said the said SRO is to avoid financial hardship upon the family of a deceased employee due to his untimely death. “It is directed that the respondents shall accord consideration to the case of the petitioner most expeditiously, preferably within a period of two months from the date a copy of this order is served by the petitioner in the office of the respondents”, the court directed
The petitioner, through the medium of petition submitted that his father, namely, Bashir Ahmed Tandyal was appointed as on Daily Wage Basis with the respondent-Lower Jhelum Hydroelectric Project (LJHP) Baramulla on 01.12.1997. Later on, the said project was taken over by J&K Power Development Corporation Limited (JKPDCL). It has been stated that his father performed his duties right from the date of his appointment as Daily Wager till his death.
He contended that as the son of the deceased employee being eligible for seeking appointment on compassionate basis under SRO 43 applied with the respondents but the same has been rejected interms of the order under challenge in the instant petition.
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