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| Militancy Victim's Kin Entitled to Relief: CAT | | | Early Times Report
JAMMU, Aug 26: The Central Administrative Tribunal (CAT), Jammu Bench, has held that the family of a civilian who disappeared in a militancy-related incident is entitled to relief under SRO 43 of 1994, directing the J&K Government to appoint Mohd. Sadeeq, son of missing villager Ghulam Mohd. of Poonch, to a Class-IV post.
Ghulam Mohd. was allegedly taken away by Army personnel of 17 Rashtriya Rifles in 2003 from Azamabad, Mandi, Poonch. He remained missing for years and was formally declared dead by the Sub-Judge, Poonch, on October 17, 2017, under Section 108 of the Evidence Act.
Sadeeq, represented by Advocate Z.A. Mughal, applied for compassionate appointment, citing his family's financial distress and the State Human Rights Commission's earlier grant of Rs. 1 lakh ex-gratia relief. The government, however, denied his claim, citing delay and incomplete procedural compliance.
The respondents, represented by AAG Sudesh Magotra and DAG Hunar Gupta, argued that the application was time-barred and not supported by requisite certificates.
Rejecting these objections, the Bench of Judicial Member Rajinder Singh Dogra and Administrative Member Ram Mohan Johri ruled that in missing person cases, the cause of action begins from the judicial declaration of death, not disappearance. The grant of ex-gratia relief itself acknowledged the militancy-linked nature of the incident. Procedural lapses like delay in dependent certificate could not defeat the scheme's humanitarian purpose. The petitioner, being Middle pass, was eligible for a Class-IV post with relaxation.
The Tribunal cited Supreme Court rulings, reiterating that compassionate appointment is a welfare measure to prevent destitution, not a benefit to be denied on hyper-technical grounds.
CAT directed the government to appoint Mohd Sadeeq to a Class-IV post within three months, with notional seniority and consequential benefits from the date of filing his writ petition in 2016. However, no back wages were awarded.
(JNF) |
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