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| HC grants compassionate appointment to widow | | Death during termination | | Early Times Report
Jammu, Oct 22: Justice Sunil Hali of J&K High Court (Jammu Wing) has decided a law point on the question that whether legal heir of Govt Servant can claim compassionate appointment when deceased employee's services stood terminated on the date he died and allowed the petition filed by Sarwat Begum widow of Lt Imtiyaz Hussain who was working in the Animal Husbandry Dept and quashed the order dated June 9, 2003 passed by the respondent and directed the respondent to consider the case of petitioner for compassionate appointment under SRO 43 of 1994 within a period of three weeks from the date a copy of this order is received by them.
The service of the husband of the widow was terminated on account of remaining unauthorized from duty with effect from August 4, 1985 to August 10, 1985. This order was challenged by the husband of widow in the State High Court. The High Court allowed petition held that petitioner would be entitled reinstatement. Consequent upon the order issued by High Court respondents vide order April 22, 2002 reinstated the said employee with effect from the date of termination August 4, 1985. The widow of employee seeking compassionate appointment in view of the fact that her husband had died during the period of his termination order was enforce. The respondent on June 9, 2003 declined to appoint the petitioner as the judgment was announced after the death of the petitioner's husband.
The court after hearing Advocate DS Chouhan appearing for the petitioner whereas Deputy AG RS Jamwal appearing for the State, observed that the stand of respondents seems to be misplaced. The petitioner was terminated in the year 1985 and order his termination was set-aside in the year 2001. His reinstatement in the Govt Service was ordered with effect from the date of termination dated August 4, 1985. The termination order resulted in cessation of his relationship with state Govt. after Termination order was set-aside, the petitioner's status was restored with effect from August 4, 1985. Once status of the Govt servant was restored, his relationship as Master & Servant was also restored from the said date. The order of reinstatement has restored his status of Govt servant retrospectively, as a result of which his dependent become eligible for seeking appointment under SRO 43 of 1994 and allowed the petition and quashed the order dated June 9, 2003 with the direction to the respondents to consider the case of the petitioner for compassionate appointment under SRO 43 of 1994 within a period of three weeks. JNF. JNF/OCTOBER/23/2010/2 |
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