Toibah Gull vs Union Territory Of Jammu And Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The Learned counsel for the applicant submits that the mother of the applicant, namely Haseena Akhter, was working as a Teacher in Zone P/S Larkipora (B) and passed away during active service on 16.12.2015. A death certificate was duly issued by the Station House Officer, P/S Awantipora. The applicant and her two siblings were dependent upon their deceased mother, who was living separately from her husband, as her husband had contracted a second marriage. A Legal Heir Certificate was thereafter issued by the Deputy Commissioner, Pulwama, vide communication No. 289-90/DCP-Misc/Pul dated 17.02.2016.

It is submitted that, after issuance of the Legal Heir Certificate, the applicant applied for appointment on compassionate grounds under the applicable Rules. The Zonal Education Officer, Awantipora, vide communication No. ZEO/AWP/Asstt/16-377 dated 13.02.2016, furnished a report stating that the mother of the applicant had passed away during active service. As the applicant was born on 13.04.2002 and was below the prescribed age at that time, her case could not be considered for appointment. The Directorate of School Education Kashmir, vide communication No. Estt-III/B-Trs/SRO/719/2016/Pul/2790 dated 03.07.2018, accordingly informed that the applicant was underage and not eligible for Government employment at that stage, while permitting resubmission of her case upon attaining Central Administrative Tribunal^{the prescribed age.}

It is further submitted that, after attaining the prescribed age, the case of the applicant was resubmitted by the Zonal Education Officer, Awantipora, vide communications dated 25.02.2020 and 09.01.2021. Thereafter, the Directorate of School Education Kashmir, vide communication No. DSEK/Estt-III/B-Trs/SRO/719/201-06/Pul/1192 dated 26.08.2021, sought identification of a Class-IV post commensurate with the educational qualification of the applicant. In response thereto, the Chief Education Officer, Pulwama, vide communication No. CEO/PUL/NT/22/67/262 dated 03.02.2022, identified one vacant post of Class-IV (Lab Bearer) in HSS Noorpora for compassionate appointment of the applicant.

It is also submitted that the dependency of the applicant and her two siblings upon the deceased mother was subsequently re-verified by the Deputy Commissioner, Pulwama, vide certificate dated 31.08.2022, wherein the Central Administrative Tribunal^{applicant and her two siblings were certified to have been} dependent upon the deceased. The said dependency certificate was thereafter forwarded by the Chief Education Officer, Pulwama, to the competent authority vide communication dated 05.09.2022.

Learned counsel submits that the applicant possesses the qualification of 10+2 in Science Stream and is eligible for consideration against the Class-IV post so identified. It is further submitted that the respondents, vide Order No. 155 DSEK of 2022 dated 10.02.2022, have extended the benefit of compassionate appointment under SRO-43 to a similarly situated candidate, whereas the claim of the applicant has not been similarly considered, thereby violating her statutory and constitutional rights under Articles 14 and 16 of the Constitution.

Learned counsel further submits that the object of compassionate appointment is to mitigate the hardship caused to the family on account of the death of the breadwinner and that the applicant and her two siblings Central Administrative Tribunal^{continued to remain dependent upon their deceased} mother. It is submitted that the family was in financial distress, as reflected from the BPL ration card placed on record. It is also submitted that the respondents have already identified a suitable Class-IV post for the applicant and that her character and antecedents have been found satisfactory. Reliance is also placed upon Rule 3(1) and the proviso thereto, as well as Rule 7 of the applicable Rules, relating to eligibility and relaxation.

However, after arguing the matter for some time, learned counsel for the applicant submits that the interests of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the claims raised therein, including the claim for appointment on compassionate grounds on the same analogy as the similarly situated candidate, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.

Central Administrative Tribunal^{08.Mr. Rais Ud Din Ganaie, learned Deputy Advocate} General, appearing on advance notice, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.

Accordingly, in view of the limited prayer made on behalf of the applicant, this Tribunal, without expressing any opinion on the merits of the case or the rival claims of the parties, deems it appropriate to dispose of the present Original Application with a direction to the respondents to treat the present Original Application as a representation and accord due consideration to the claims and assertions made therein, together with the documents annexed Central Administrative Tribunal^{thereto, including the applicant's claim for consideration} on the same analogy as the similarly situated candidate referred to by her, subject to her eligibility and entitlement and in accordance with the applicable Rules, regulations and the law governing the field, provided there is no legal impediment thereto.

While undertaking the aforesaid exercise, the respondents shall afford the applicant an opportunity of being heard and permit her to place on record any further documents or material in support of her claim. Thereafter, the respondents shall pass a detailed, reasoned and speaking order within a period of eight (08) weeks from the date a certified copy of this order is served upon them.

It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant's claim, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.

With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous application(s), Central Administrative Tribunal^{if any, shall also stand disposed of.}

No order as to costs.

Registry shall consign the record to the Record Room after due compliance.