S.Vikram Singh vs State of J&K & Ors.

This case reflects the unfortunate events in which the petitioner landed when he was an infant of the age about one and half years. He lost both

his parents and also his sister. He sustained injuries in a fatal accident which took place in the year 1986 and consequent thereto he lost his father,

who was working as a driver in the Floriculture Department of the State Government. After attaining the age of majority, he approached the

respondents for seeking appointment on compassionate grounds. His case was processed and ultimately vide letter dated 15th January, 2008

issued by £he Under Secretary to Government, Floriculture Department, it was communicated to the Director Floriculture Jammu that the case

of petitioner is not covered under rules.

In this petition, the petitioner seeks issuance of a writ of Certiorari for quashing the said communication and also seeks issuance of a writ of

Mandamus for directing the respondents to appoint him on compassionate grounds.

Heard learned counsel for petitioner. Considered the matter.

Mr. Dubey, learned counsel for petitioner has referred to rule 7 of J&K compassionate Appointment Rules, 1994 to canvass that the

Government has the power to relax the lower and upper age limits etc. He submits that on the strength of said Rule the Government can be

directed to consider the case of the petitioner and appoint him on compassionate grounds.

Compassion may appeal the sentiments of a person, but in a society governed by the rule of law, the affairs thereof are to be conducted strictly

in accordance with law and the mandate of the Constitution. The posts in the Government departments are the public property and when .the

Government has to fill the post, then all the eligible candidates are to be considered for being selected and appointed against those posts.

In view of the Constitutional mandate as contained in Articles 14 and 16, the appointments/selections are to be made strictly in accordance with

the mandate contained in the provisions of the Constitution. The like other provisions Articles 19, 21, the Article 14 and 16 also constitute the soul

of our constitution and, thus, constitutional provisions ought to be considered strictly so as to avoid unfairness, arbitrariness and unreasonableness

in the action of the state authorities.

As an exception to the general mode of selection and appointment to the public posts, the Government has made the rules called J&K

Compassionate Appointment Rules, 1994 to mitigate the hardships of family members, who suffer immediate deprivation of source of sustenance.

This is a concession given by the Government and cannot be made basis for obtaining employment in the Government. The solemn purpose behind

making such a rule is to protect the family member, who are caught in a situation where they are not in a position to sustain themselves. The

laudable purpose of such a provision of law is in consonance with Articles 14 and 21 of the Constitution. The said concession cannot be extended

to a person after long time. The purpose is to mitigate immediate hardshIFS. If a person has survived for years together, it can be safely said that

he has overcome the need for survival through some other means. The concession of Compassionate Appointment in such cases cannot be

allowed.

However, there may still be exception to the general rule as well, but nothing is brought on record of this case to make it out as an exceptional

case.

This writ petition being meritless is, accordingly, dismissed along with all connected CMPs.