State of Jammu & Kashmir and Another vs Parvinder Kour

S.N. Jha, C. J.

This Letters Patent Appeal by the State of Jammu and Kashmir and the Director General of Police (DGP), Jammu and Kashmir, is directed

against order of a learned Single Judge dt. 16th March'02, directing the DGP to issue order of appointment and posting of the respondent pursuant

to order dt.5th July'2000 of the Home department.

Respondent Parvinder Kour, approached this Court seeking direction for appointment on compassionate ground on the death of her husband

Popinder Singh, in harness as Police Constable. It is not in dispute that late Popinder Singh died in harness while serving as Constable in the 4th

Battalion of Jammu and Kashmir Police (Security) on 8th May, 1997. On the death of husband of respondent, she applied for compassionate

appointment. Her case was recommended to the State Government. It is also not in dispute that the Home department of the State accorded

sanction for appointment of the respondent against the post of Follower. As despite the said order of the State Government, the respondent was

not appointed, she approached this Court seeking a direction for compassionate appointment as indicated above. The learned Single Judge, as

indicated above, allowed the writ petition directing the DGP to issue order of appointment and posting in favour of the respondent. It is against this

order, the present Letters Patent Appeal has been preferred.

The ground on which the claim of the respondent is sought to be resisted order of learned Single Judge is sought to be set aside is that the

respondent does not possess the requisite expertise for appointment against the post of Follower. In the course of hearing, the Court observed that

the Government in the Home department of the State, having already accorded sanction for appointment of respondent-being satisfied about the

bonafide of her claim, she cannot be denied appointment. If she is not suited for the job of Follower, she may be considered against any other

suitable post. The Court also observed that the object of compassionate appointment is to provide financial help to the bereaved family so that the

family members of the deceased government servant can meet sudden crisis caused by the un-expected death of the bread earner and live of their

own. The Court was given to understand that in terms of the relevant Rules, the members of the bereaved family are paid full salary being paid to

the deceased government servant at the time of his death, for a period of seven years, and thereafter, only half of the amount is paid. If that is so,

the family may find it difficult to make both ends meet. The fact that the State Government through Home department accorded sanction to the

respondent's appointment, prima-facie shows that it was satisfied about the bonafide of the respondent's claim.

In response to the observations, Sh Johl, learned Additional Advocate General, sought time to discuss the case with the DGP and after taking

instructions informed the Court that respondent's case may be considered and she may be appointed against a suitable post including the post of

Follower,if the Court gives such a direction.

It be seen that the direction having already been issued by the learned Single

Judge, for appointment of respondent in terms of order passed by the Government in the Home department, there is no question of giving further

direction in this regard. We only expect the appellants to implement the order of learned Single Judge within a period of one month from the date

of receipt of a copy of this order by the appellants.

In the result, we find no ground to interfere with the order of learned Single Judge. The Letters Patent Appeal stands dismissed.