High CourtsSINGLE BENCH(2017) 05 J&K CK 0043

Saima Malik vs State of J&K and ors.

Jammu And Kashmir High Court · Decided on 8 May 2017

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

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Judgment

15 paragraphs · 300 words
1.

Notice. Mr. N. A. Beigh, learned AAG accepts notice on behalf of the respondents.

2.

With the consent of learned counsel for the parties, petition is admitted to hearing and taken up for final disposal.

3.

Petitioner claims that she was adopted by her uncle, namely, Abdul. Rashid Malik, and was given the name of Ab. Rashid Malik as her father.

In support of the plea reliance is placed on State Subject, Adhar Card, CAPD Ration Card report with family details, nomination in the GP Fund

etc. It is stated that her father- Late Abdul Rashid Malik was working in Education Department as Teacher and he died in harness on 26.03.2016.

4.

Learned counsel for the petitioner states that petitioner having qualified graduation and being eligible in view of her age applied for appointment

in place of her father on compassionate basis under SRO 43 of 1994 within time and submitted all necessary documents, but her case has not been

considered till date. It is further submitted that she has also filed a representation before respondent No. 2 (Annexure-L) however, till date no

action has been taken by respondent No. 2 to adjudicate the said representation.

5.

Learned counsel for the respondents states that authority will accord consideration to the claim of the petitioner for compassionate appointment

in terms of SRO 43 of 1994 as may be directed by this Court.

6.

In such view of the matter, instant petition is disposed of with the direction to the respondents to accord consideration to the representation

made by the petitioner for compassionate appointment at the earliest, preferably within a period of six weeks from the date of receipt of the copy

of the order. The decision so taken be communicated to the petitioner.

7.

Writ petition disposed of as above.