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| DB directs GAD to consider compassionate appointment for family member | | Killing of 14-year old boy by militants | | Early Times Report
JAMMU, May 11: A Division Bench of J&K High Court Srinagar Wing comprising Chief Justice Gita Mittal and Justice Dhiraj Singh Thakur today while dismissing the appeal filed by the General Administration Department seeking quashment of the order dated 9th March 2016 passed by the Single Judge in OWP No. 741/2007 quashing the communication dated 30th July 2007 which was sent by the Deputy Commissioner, Srinagar to the Principal Secretary to the Government, General Administration Department, J&K, Srinagar. By the impugned order, the Single Judge had further directed the appellants to consider one of the family members of the private respondent for employment in terms of Rules notified vide SRO No. 43 of 1994 and further to pay ex-gratia relief to the private respondent within four weeks from the date of receipt of copy of the order.
Division Bench after hearing both the sides observed that, the present appeal is clearly without any merit. Our attention has been drawn to the report dated 1st April 2002 of the Sub Divisional Police Officer Handwara dated 1.4.2002 to the effect that on 21.7.1992 one Gulzar Ahmad Mir had been lifted from his house at Kant Paristan Safakadal by some unknown militants. The above report was submitted by the office of the Superintendent Police, Handwara in his report dated 4th April 2002 before the State Human Rights Commission.
DB further observed that this Court found no reason at all to differ from the report dated 3rd March 2003 of the Director General of Police before the State Human Rights Commission stating that neither the missing boy nor any member of his family was involved in illegal or subversive activity. The subsequent communication of the CID in December 2003, which is not supported with any evidence, and, does not doubt the previous report dated 3rd March 2003, is clearly baseless and cannot be relied upon.
DB further observed that the challenge by way of the instant appeal is baseless, devoid of legal merit and is hereby dismissed and directed the appellants to forthwith process the case of the writ petitioner/respondent herein for appointment of ex-gratia in terms of the 723-GR (GAD) of 1990 dated 10th July 1990 within a period of six weeks from the date of receipt of this order.
DB further directed the appellants to consider the family member of the respondent/writ petitioner for compassionate appointment in terms of SRO 43 of 1994 uninfluenced by the report dated 29th December 2003 from the Additional Director General of Police (CID), J&K.
Division Bench further directed that the appellants shall within six weeks from today ensure payment of the amount of Rs 1 lakh awarded by the order dated 1st April 2003 of J&K State Human Rights Commission, if not already paid to the respondent.
DB further observed that in as much as the amount has not been paid for almost 16 years, the respondent shall be entitled to simple interest at the rate of 8% per annum on the compensation. This amount shall also be calculated and paid within four weeks from today a compliance report shall be filed by the respondents within eight weeks from today. If the compliance report is not filed as ordered, the Registrar Judicial shall place the matter before the court for orders. JNF
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