Mumtaza Begum vs UTS JAMMU AND KASHMIR on 30 October 2026

O R D E R

M.S.LATIF, M (J) oral

01/ Through the medium of this petition, the petitioner has, inter alia, sought the following relief : “The Hon'ble Court may kindly be pleased to direct the official respondents to consider and decide the Applicant's claim for compassionate appointment, being the widow of Late Tariq Ahmad Ganie, who died in harness on 25.10.2017 while serving as a Constable in the Jammu and Kashmir Police, strictly in accordance with the applicable rules and governing policy and further direct the respondents that the Applicant's claim shall not be rejected or withheld solely on the ground of non-production of a No Objection Certificate from the brothers of the deceased employee, unless such requirement is specifically mandated under the applicable statutory rules and in light of the relevant official records, her family's circumstances and the principles laid down in Kiran Jyot Kour v. Union Territory of Jammu and Kashmir & Ors., O.A. No. 864/2022, decided on 03.03.2022, to the extent applicable to the facts of the present case.” 02/ What is deducible from the pleadings made in this petition is that the petitioner, being the legally wedded widow of Late Tariq Ahmad Ganie, a Constable in the Jammu and Kashmir Police, who died in harness on 25.10.2017, has approached this court seeking fair, lawful and time-bound consideration of her claim for compassionate appointment under the applicable rules. Learned counsel for the petitioner has submitted all the relevant documents establishing petitioner’s relationship with the deceased employee, widowhood, family particulars and other prescribed requirements. 03/ Learned counsel submitted that claim of the petitioner has been obstructed on account of the alleged non-production of a No document 2026.11.05 12:48:08+05'30' TARIQ A MOTA

Objection Certificate (NOC) from the brothers of the deceased employee. He submits that such a private objection cannot, by itself, defeat her claim in absence of any specific legal provision mandating the same. In this regard reliance is placed upon the decision of the coordinate bench of this court, issued in case titled as Kiran Jyot Kour versus Union Territory of Jammu and Kashmir & Others, O.A. No. 864/2022 dated 03.03.2022. The petitioner, accordingly, seeks a direction to the official respondents to examine the original departmental record, determine her eligibility under the applicable rules and pass a reasoned order within a stipulated period, without being influenced by any extraneous consideration. 04/ Learned counsel for the petitioner further submitted that Shri Tariq Ahmad Ganie, who was serving as a Constable in the Jammu and Kashmir Police, died in harness on 25.10.2017, leaving behind the petitioner and their two children, namely Muhammad Zubair Ganie and Zainab Tariq. He submits that the death certificate, issued by the competent authority, records the death of Tariq Ahmad Ganie on 25.10.2017 and identifies the petitioner as his wife. The relationship is further supported by the available family particulars, ration card and legal-heir documentation. It is submitted that the deceased employee was the principal earning member of the family and his untimely death has caused serious document 2026.11.05 12:48:08+05'30' TARIQ A MOTA

financial and social hardships to the petitioner and the dependent children, who were deprived of the financial support and security, previously provided by their deceased father. 05/ It is submitted by learned counsel that the main object underlying the compassionate appointment scheme is to provide relief to a family facing the consequences of the sudden death of its earning member in service, of course, subject to the eligibility and other requirements prescribed under the applicable rules. He submits that the petitioner approached the competent authority seeking compassionate appointment to enable her to sustain herself and her dependent children and pursued her claim for compassionate appointment under the J&K Compassionate Appointment framework, including SRO-43 of 1994. The petitioner has obtained and produced official documents in support of her claim including, Death certificate of Late Tariq Ahmad Ganie, Dependent certificate issued by the Deputy Commissioner, Baramulla, Ration card and available family particulars, Non- remarriage certificate dated 16.05.2025 issued by Tehsildar, Baramulla, the Unemployment/non-employment certificate dated 23.04.2025 issued by the Tehsildar, Baramulla and Legal-heir certificate issued by the Tehsildar, Baramulla, in April 2025. As such the petitioner has approached the competent authorities with documentary material establishing her relationship with the document 2026.11.05 12:48:08+05'30' TARIQ A MOTA

deceased employee, her widowhood, her family circumstances and other relevant particulars. Learned counsel submits that the claim of the petitioner, therefore, requires an objective assessment by the competent authority against the prescribed statutory conditions and cannot lawfully be disposed of by substituting a private family objection for the determination required under the rules, since the brothers of the deceased employee have raised objections to the petitioner’s claim for compassionate appointment and have not, thus, furnished NOC. 06/ Learned counsel submitted that the objection raised by the brothers of the deceased, by itself, does not establish that the petitioner is ineligible for compassionate appointment. Nor can a private relative be permitted to exercise a veto over a claim unless the respondents demonstrate that the requirement relied upon is expressly authorized by the applicable rules and is legally enforceable in the circumstances of the case. Learned counsel submitted that the decision of this court delivered in the above referred Kiran Jyot Kour’s case has settled the issue of obstruction of a widow's compassionate appointment claim on account of an NOC objection raised by the deceased employee's in- laws as it, categorically, addressed the impermissibility of allowing such an objection to defeat an otherwise eligible claim. Accordingly, it is submitted that the competent authority must document 2026.11.05 12:48:08+05'30' TARIQ A MOTA

determine the petitioner’s eligibility under the governing rules and record a reasoned decision. Learned counsel further submits that the petitioner has submitted representations before the respondents but no decision has been taken thereon seeking her appointment on compassionate grounds, which is not de hors the rules. The petitioner seeks an effective determination of her claim by the competent authority, without arbitrary obstruction and in conformity with the applicable statutory framework and the principles of fair administrative action. 07/ Being aggrieved of the inaction of the respondents in not considering her claim for grant of appointment and failure in taking a final decision on her representations, she has filed the instant O.A. seeking appropriate reliefs from this Hon’ble court. 08/ Be that as it may, after arguing for a considerable period of time, learned counsel for the petitioner submitted that the petitioner will be satisfied if this petition is disposed of, at this very stage, by directing the respondents to treat this O.A as yet another representation of the petitioner and decide the same as expeditiously as possible. This proposition of learned counsel for the petitioner is not objected to by the learned counsel for the respondents.

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09/ Heard learned counsel for the parties and perused the averments projected in this O.A and also gone through the judgement cited above. 10/ In view of the innocuous relief sought at the bar by learned counsel for the petitioner, this petition is disposed of, at this very stage, of course, without commenting upon its merits, by providing that the respondents shall treat this O.A as representation of the petitioner and consider and decide the same in accordance with law and rules governing the field along with representations filed by the petitioner before them earlier. Needful to be done within a period of four weeks’ by passing a speaking and detailed order to be reckoned from the date a copy of this judgement as also copy of this petition is served upon the respondents. 11/ In the aforementioned backdrop, this O.A 1209/2026 shall stand disposed of along with connected M.As. (M. S. LATIF) Member (Judl.) TARIQ MOTA CONSULTANT (PS) 30-10-2026.

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