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2025 DAILYLAW 4721 (JK)

AMAN THAPA v. COMMISSIONER SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION DEPARTMENT

WP(C)/2432/2024 · 2025-06-03

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2432/2024 CM No. 5928/2024 Aman Thapa Age 22 years S/O Late Sh. Krishan Bhadur Thapa R/O H.No. 19, Sector-4 Extension, Marble Enclave Trikuta Nagar, Jammu- 180020. …..Appellant(s)/Petitioner(s) Through: Mr. Mohd Latif Malik, Advocate. vs 1. UT of J&K through Commissioner/Secretary to General Administration Department, Srinagar/Jammu. 2. Commissioner/Secretary to Housing and Urban Development Department, Srinagar/Jammu. 3. Vice Chairman, Jammu Development Authority, Vikas Bhawan, Railhead Complex, Jammu. 4. Secretary, Jammu Development Authority, Vikas Bhawan, Railhead Complex, Jammu. 5. Executive Engineer, JDA Division No. II, Jammu. 6. Superintending Engineer, JDA Division No. II, Jammu. ….Respondent(s) Through: Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (03.06.2025) 1. Petitioner, through the medium of this petition, seeks direction upon the respondent to consider the case of the petitioner for appointment on compassionate grounds in place of his father, namely Late Krishan Bahadur Thapa, who was serving as a Helper in the office of the respondent-Jammu Development Authority (JDA) and to refer his case for consideration to the Government of Jammu & Kashmir, asserting that his father, who was serving as a Helper, left for heavenly abode Serial No. 15 2 WP(C) No. 2432/2024 CM No. 5928/2024 on 01.11.2009, while still in active service. In support of this contention, petitioner has placed on record death certificate of his father, indicating that he passed away on 01.11.2009. 2. Learned counsel for the petitioner submits that the petitioner shall be satisfied, in case the petition is disposed of at this stage, with a direction to the respondents to consider his case for appointment on compassionate basis in place of his deceased father, who had died in harness. Statement of learned counsel for the petitioner is taken on record. 3. For the reasons pleaded in the petition and submissions made by learned counsel for the petitioner, the instant petition is disposed of at this stage with a direction to the respondents to consider the case of the petitioner for compassionate appointment in terms of the Rules on the subject having regard to the fact that petitioner’s father had died in harness while holding the post of Helper in respondent-Jammu Development Authority. 4. Respondent shall consider the matter within a period of eight weeks from the date a copy of this order is served upon them. 5. The instant petition is, accordingly, disposed of with connected application(s). (M A CHOWDHARY) JUDGE Jammu 03.06.2025 Vishal Sharma