HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1487/2021 CM No. 5903/2021 Sham Lal …..Appellant(s)/Petitioner(s) Through: Mr. Sushil Chandel, Advocate vs UT of J&K .…. Respondent(s) Through: Mr. Dewakar Sharma, Dy. AG for R-1 Mr. Ajay Abrol, Advocate for R-2 & 3 Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 08.07.2025 ORAL 1. The short grievance projected by the petitioner in the instant petition filed under Article 226 of the Constitution is that despite the petitioner having applied to the respondents for appointment on compassionate grounds in terms of provisions of SRO-43 of 1994 on account of the death of his father having died in harness on 21.01.2017 while working as pump operator with respondent 2, the respondents did not offer the said appointment to the petitioner despite having applied well within time and fulfilled all necessary requisite formalities. 2. Objections to the petition have been filed by respondents 2 and 3, wherein it is being admitted that the father of the petitioner while working as pump operator in the Corporation, died on 21.01.2017 and that the petitioner submitted an application for his appointment on compassionate grounds owing to the death of his father. It is further stated that the provisions of SRO-43 of 1994 stand amended by SRO 120 dated 05.03.2018 and the application filed by the petitioner do not fulfil the requisite formalities, as such, his case could not be processed Serial No. 31 2 WP(C) No. 1487/2021 for consideration for appointment in terms of compassionate appointment rules. 3. Having regard to the aforesaid stand taken by the respondents 2 and 3 in the objections filed to the petition that the petitioner did not fulfil the requisite formalities provided in SRO 43 read with SRO 120, it is manifest that the respondents have not spelt out as to which of the formalities the petitioner has not complied with, however, notwithstanding that and without expressing any opinion as to the legitimacy and genuineness of the claim of the petitioner for appointment on compassionate grounds, which is being left open to be determined by the respondents, the respondents are required to be directed to accord effective consideration to the case of the petitioner for his appointment on compassionate grounds in accordance with applicable rules within two months after seeking fulfilment of all necessary requirement by the petitioner within four weeks from the date a copy of this order is provided by the petitioner before them. 4. Ordered accordingly. 5. Disposed of. (JAVED IQBAL WANI) JUDGE Jammu 08.07.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.07.14 05:20 I attest to the accuracy and integrity of this document