Shabir ahmad kuttay vs PUBLIC WORK DEPARTMENT R AND B on 31 December 2024

1. Shabir Ahmad Kuttay, aged 45 yrs S/o Wali Mohd Kuttay, R/o Kuller Phalgam, Anantnag, pincode 192126.

…….Applicant

(By Petitioner : Mr. P S Ahmad)

V/s

1. UT of Jammu and Kashmir through Secretary to Government PWD (R & B) Department Civil Secretariat U T of JK, Srinagar/Jammu. Pincode 190001.

2. Commissioner cum Secretary to Govt., General Administrative Department, Civil Secretariat UT of J&K, Srinagar/Jammu. Pincode 190001.

3. Engineer in chief PW (R&B) Department, Central Kashmir, Civil Secretariat, Sgr.190001.

4. Superintending Engineer PW (R&B) Circle Srinagar North. 190001.

5. Executive Engineer (R&B) Division Bemina Srinagar. Pincode 190001. . …………Respondents

(By Advocate: Mr. Waseem Gul, GA)

ORDER(ORAL) Per.: M.S. Latif, Member(J)

1. Through the medium of the instant petition the petitioner seeks for the following reliefs which are reproduced as under- (a). Direct the respondent to consider the petitioner’s case for compassionate appointment on priority basis; and also relax his age in making such appointment to any class IV post (Helper).

(b) . Direct the respondents to pass appropriate orders on the petitioner’s pending application/representation within a time-bound manner.

(c) . Pass such other order or orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

2. Alongside the main reliefs the petitioner has also sought for the interim relief which are also reproduced as under- That till pending final decision on the application (OA), the applicant seeks the relief of consideration of representation fo the petitioner for his appointment as contained in Annexure II. Or direct the respondents to treat the instant petition as representation and consider his case for the reliefs hereinabove prayed for.

3. The facts as stem out of the pleadings of the O.A. are that the compassionate case of the petitioner in terms of the Jammu and Kashmir Compassion Appointment Rules,

1994 of Class IVth, is being deferred by the respondents without any reason, as the petitioner otherwise is eligible for seeking consideration of his appointment under compassionate basis in terms of the SRO 43 of 1994.

4. Learned counsel for the petitioner submits that the petitioner has already applied for seeking consideration of his appointment on compassionate basis. To this effect, he has been represented before the respondents time and again for taking a decision in the matter.

5. Law is no more res integra that “Compassionate cases have to be dealt with expeditiously.” To this effect, I am fortified by a celebrated judgment passed by the Hon’ble Supreme Court titled as Malaya Nanda Sethy Vs. State of Orissa 2022 Live Law SCC 522. The purpose of the compassionate appointment is to provide immediate succor to the family, who lost their bread earner.

6. Heard, learned counsel for the parties.

7. At the request of the learned counsel for the petitioner, the instant matter is disposed of with a direction upon the respondents to consider and dispose of the representation of the petitioner, keeping in view the mandate of the Hon’ble Apex Court in the case referred above. It is expected that the respondents will consider and dispose of the representation filed by the petitioner with due dispatch, keeping in view, the fact that the case pertains to the compassionate appointment. It is also expected that the needful will be done within a period of six weeks’ from the date copy of the judgment is served upon the respondents.

8. Accordingly, the O.A. stands disposed of, along with its connected matters, if any.

(M.S. Latif) Member (J)

/Shubham 31.12.2024./ SHUBHAM SHARMA Digitally signed by SHUBHAM SHARMA Date: 2025.01.06 12:06:50 +05'30'