C.K. Thakker JUDGMENT
C.K. Thakker, J.
1. The present appeal is filed by the appellant-State against the judgment and order dated December 2, 2002 passed by the Division Bench of the High Court of Jammu & Kashmir in L.P.A. No. 131 of 2000. By the said order, the Division Bench of the High Court quashed and set aside the order dated July 15, 2000, passed by the learned single Judge in SWP No. 966 of 1999.
2. The facts in nutshell are that the father of Sajad Ahmed Mir respondent - applicant was working as the Lineman in Power Development Department (PDD), Civil Secretariat, Srinagar. He died on March 6, 1987 while in service. It appears that the applicant applied on September 20, 1991 for getting an appointment on compassionate ground against the vacant post resulted due to death of his father. It was the say of the applicant that his case was forwarded by the authorities with recommendation in 1993 to give him appointment on compassionate ground. It was also his case that the Administrative Department recommended to appoint the applicant after relaxation of qualification as well as in age. The matter was taken up by the Executive Engineer, Superintending Engineer as also by the Chief Engineer of the Civil Secretariat of the Power Development Department and the Administrative Department. According to the applicant, on or about June 8, 1999, the Administrative Department conveyed its decision to the Chief Engineer, Electric Maintenance and RE Wing, Srinagar that the request of the applicant could not be acceded to and no appointment could be given.
3. Being aggrieved by the said decision, a writ petition was filed by the applicant which came up for hearing before a single Judge. A detailed affidavit was filed by the authorities contending inter alia that the decision had already been taken in 1996 that compassionate appointment could not be given to the applicant and the said decision was communicated on March 26, 1996, whereas the writ petition was filed in 1999 and thus there was gross delay and laches on the part of the applicant in approaching the Court. It was also contended that the applicant was not eligible and qualified for appointment.
4. The learned single Judge after considering the relevant facts and the reply affidavit held that the decision was taken in March, 1996 not to appoint the applicant on compassionate ground and he was informed accordingly. The applicant had never challenged that decision. What was done by the authorities in 1999 was merely reiteration of the decision taken in 1996. It was also observed by the learned single Judge that the whole purpose of compassionate appointment of a family member of a Government employee dying in harness is to obviate hardship likely to be caused to the family and adverse financial difficulties which it is likely to face due to death of its bread earner. Such appointment is not an appointment under statutory right but is in the nature of concession granted by the State Government, keeping in view extreme hardship of indigent family of the deceased employee. After considering the facts and circumstances, the Administrative Department declined to offer compassionate appointment to the applicant. From the record, it is clear that in 1996, the decision was taken that the applicant c........