STATE TIMES NEWS
JAMMU: Justice Tashi Rabstan of J and K High Court Jammu Wing quashed the Government orders issued for rejecting the case of petitioner under SRO 43 of 1994 for appointment on compassionate grounds since he was overage.
The court quashed the Order No. CEJ/Adm/12 of 2011 dated 14th January 2011 issued by the Chief Engineer, Electric, Maintenance and R.E. Wing, and Government Order No. 214-PDD of 2011 dated 18th July, 2011 issued by Deputy Secretary to Government, Power Development Department, whereby the case of petitioner for appointment on compassionate grounds has been rejected as he was overage at that time.
Justice Tashi after hearing Advocate Aseem Sawhney appearing for the petitioner whereas Senior AAG Seema Shekhar appearing for the State, directed State to consider the case of petitioner for relaxation of his upper age limit in terms of Rule 7 of SRO 43/ relaxation policy for his appointment on compassionate grounds keeping in view the facts of this case as well as the inter departmental recommendations made from time to time. “Let this exercise be completed within a period of eight weeks”, the Court further directed.
This significant direction has been passed in a petition filed by Arun Kumar whose brother namely, Rama Kant was working as a Technician-III in STD Udhampur, who died in harness on 18th October, 2009 due to electrocution. Petitioner herein applied for his appointment on compassionate grounds under SRO 43 of 1994.
Meanwhile, petitioner also filed SWP No.2439/2009 in this Court seeking a direction to the respondents for his appointment on compassionate grounds. This Court vide order dated 3rd December, 2010, while disposing off the writ petition, directed the respondents to consider the case of petitioner for his appointment under SRO 43 on its own merits, besides his request for relaxation of age be also considered. Consequently, the case of petitioner was rejected on the ground that at the time of death of his brother he was over aged by more than five years, therefore, was not covered under the relaxation policy/SRO 43 of 1994. JNF
