Srinagar, June 6: Justice Sanjay Dhar held that next kin of a Daily Rated Worker has a right for compassionate appointment under SRO 43 & set aside the order whereby the claim of one Mohammad Rafiq for compassionate appointment was rejected on the ground that services of his deceased father were never regularized as such the case did not meet the eligibility criteria under SRO 43.
The court has held the action of the respondents in rejecting the case of Rafiq for accord of benefit of compassionate appointment in his favour on the ground that his father had not been regularized on Class-IV post, is not countenanced by law. Once it is shown that father of the petitioner had acquired right to regularization of his services and his case was under consideration at the time of his death, the respondents are not legally justified to reject the case of the petitioner for grant of compassionate appointment before his death.
The court which these findings allowed the plea of petitioner-Rafiq and directed the authorities to consider his case for his appointment on compassionate basis in terms of SRO 43 of 1994 or any other rules/circular that may have replaced the aforesaid SRO, notwithstanding the fact that services of his father had not been regularized.
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