High CourtsSINGLE BENCH(2017) 04 J&K CK 0008

Mr. Thinles Dorjay vs State of J&K & Ors

Jammu And Kashmir High Court · Decided on 20 April 2017

HON’BLE JUDGES
Ramalingam Sudhakar
RESULT
Disposed Of
CASE NUMBER
710 of 2017 MP No 01 of 2017

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Judgment

22 paragraphs · 372 words
1.

Admit.

2.

Notice.

3.

Mr. Sajad Geelani, Dy.AG appeared and accepted notice on behalf of Mr. M.I.Dar, AAG for respondents.

4.

Petitioner''s father was working as Physical Education Teacher in Government Middle School, Darchiks, who died in harness on 20.10.2000.

The petitioner was ten years old as then. The mother of the petitioner-widow was working as Class Ivth employee in Education Department who

was appointed on 22.11.1988 on such post prior to the death of her husband. On 24.11.2000 the petitioner filed an application before the

department-respondents (annexure-C1). The petitioner states that his mother subsequently married and she is living with her present husband. He

further states that the petitioner and his two unmarried sisters have no source of income, they are economically very poor and they are in deep

financial crunch and are starving.

5.

The application made for compassionate appointment, it appears, was rejected earlier in the year 2010. The petitioner out of poverty and

financial incapacity could not seek legal remedy. However, he has been persistently approaching the department to consider his claim considering

the poor economic status and penury. He pleads that he has to support two unmarried sisters, who are living like destitutes. Petitioner sought for

review of his case for compassionate appointment.

6.

Learned counsel for the petitioner states that the subsequent request of petitioner was recommended by the District Youth Services and Sports

Officer Kargil-respondent No.3 (Annexure-F and G). This has been forwarded to the Director General, Youth Services and Sportsrespondent

No.1 and it is pending before the said authority. Petitioner seeks consideration of his claim based on the recommendations of the District Youth

Service Officer, Kargil.

7.

Mr. Sajad Geelani, Dy.AG appearing vice Mr. M.I.Dar, AAG states that on the basis of recommendations if the petit ioner is found eligible and

application is within time, the case will be considered on its own merits.

8.

In view of the subsequent events the writ petition alongwith connected MPs is disposed of and respondent No.1 is directed to accord

consideration to the case of the petitioner on its own merits within four weeks from the date copy of this order is served on him. The result of the

consideration to be communicated to the petitioner.