Appointment on compassionate ground can’t be claimed as a matter of right: HC

SRINAGAR, JUL 24: Jammu and Kashmir High Court has held that the appointment on compassionate ground cannot be claimed as a matter of right. It is a concession, not a right and is meant to provide for a minimum relief to the family of the deceased employee, who dies in harness.
This significant direction has been passed in a petition filed by Mohammad Shaft Sofi whose father died due to heart attack and he was seeking compassionate appointment under SRO 43 of 1994, i.e. the Jammu and Kashmir (Compassionate Appointment) Rules, 1994 (hereinafter referred to as “the Rules of 1994”). This application of the petitioner, after being processed from one office to another, came to be forwarded to the Divisional Forest Officer, Pir Panjal Forest Division, Budgam, who in terms of communication bearing No. DFO/PP/3602-03/Estt dated 2nd of September, 2011, addressed to the Conservator of Forests, Srinagar Circle, Srinagar/ respondent No.4, recommended the case of the petitioner for considering his appointment against a vacant post of Forest Guard under the Rules of 1994. Thereafter, the respondent No.3, as stated, while ignoring the recommendations of the Divisional Forest Officer concerned, appointed the petitioner against a Class IV post of Orderly vide order No. 3760 of 2011 dated 22nd of December, 2011. Feeling aggrieved, the petitioner made several representations to the respondents seeking review of his appointment order by adjusting him against the post of Forest Guard/ Junior Assistant, but, fate had it for him that these representations fell in deaf ears and no action in respect thereto was taken by the respondents, which compelled the petitioner to approach this Court through the medium of writ petition, being SWP No.2336/2014.
The Court, while issuing notice to the other side, directed the respondents to consider the representation of the petitioner forwarded by the Conservator of Forests, Srinagar Circle, to Chief Conservator of Forests, Kashmir. During the pendency of the aforesaid petition, the Chief Conservator of Forests, Kashmir/ respondent No.3 herein, in terms of order issued vide endorsement No: CCF(K)/Admn/2015/ 4770-76 dated 27th of November, 2015, has considered and rejected the claim of the petitioner. This consideration order dated 27th of November, 2015, has been impugned by the petitioner herein this petition.
Justice Ali Mohammad Magrey while dismissing the petition observed that the post, under compassionate appointment, is not offered to cater to his status, but to see the family through the economic calamity. JNF