Srinagar: Jammu and Kashmir High Court has granted government three weeks more time for filing a response to a plea challenging rejections of employment benefit to a person on account of the death of his father during harness.
As the hearing of case—Ghulam Mohammad Banday Vs state—came for hearing, state counsel sought three weeks time which was granted by the court.
In his plea, Ghulam Mohammad Banday has challenged the government’s order, rejecting his plea for employment in government service.
“While the government was directed by the Division Bench of the High Court to consider (my) claim under relevant SRO which was in existence at the time of (my) father’s death in 1987 i-e SRO 122 of 1983, the government considered (my) case under SRO-194,” Banday said in the petition and urged the court to set aside the government order by virtue of which his claim was rejected. “Even as per the SRO-194 of 1989, there was no time limit under which (I) had to apply. Its only SRO 43 that one year’s time has been given for applying but the (government) have not considered this aspect of the matter while deciding (my) case in pursuance to the directions by the Division Bench’s judgement,” he said.
Ghulam Mohammad’s father Ghulam Nabi Banday was a road supervisor and died in harness on 24 September 1987 after rendering 12 years of service. As per government order, challenged in the petition, Ghulam Mohammad was a minor at that time. He applied for compassionate appointment in 1993. When government failed to provide the job to him, he filed a petition before the J&K high court but it was rejected on 17-July-2009 on the ground that he was not eligible for compassionate appointment under SRO 43 of 1994. However, Ghulam Mohammad challenged the verdict in an appeal before the Division Bench which set it aside, holding that even a minor was entitled to compassionate appointment on attaining majority and “the only fact which has to ascertained is to find out whether the family of the deceased government employee continues to be in penury and compassionate appointment would mitigate such hardship.”
Subsequently, the government sought the report from Chief Engineer R&B on the financial condition of family.
The Chief Engineer subsequently sought the report from concerned executive engineer who in turn formed a committee which visited the residence of Ghulam Mohammad and reported that his financial condition was both socially and economically miserable.
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