Serial No. 68 Regular. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 904/2022 GULSHAN ARA … Petitioner(s) Through: Mr. Z.A.Qureshi, Sr. Advocate with Mr. Rabinder Singh, Advocate Vs. NATIONAL INSTITUTE OF TECHNOLOGY AND ANR. ...Respondent(s) Through: Mr. Jahangir Iqbal Ganai, Sr. Advocate with Mr. Rahil Noor, Advocate CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 15.04.2025 1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner herein has prayed for a direction against the respondents to decide her application regarding appointment on compassionate grounds in place of her father having died in harness while working as a Khadmatgar in the respondent- institute. 2. Respondents have filed objections to the petition, wherein it is being inter alia stated that there is a scheme in vogue and operation in the respondent-institute issued under OM dated 16.01.2013 by the Ministry of Personal, Public Grievance and Pensions (Department of Personal and Training) and in terms of the said scheme, a compassionate appointment can be made on regular basis that too if regular vacancies meant for that purpose are available, and that such compassionate appointments can be made under the scheme upto a maximum of 5% of the vacancies falling under Direct Recruitment Quota in any “Group C” category posts. It is also stated in the reply that a committee came to be constituted for the purposes of implementation of the OM which visited the families of 17 applicants seeking compassionate appointments including that of the petitioner and accordingly allotted requisite points to each of the applicants on the basis of various parameters set out in the scheme and the petitioner got accordingly allotted 63 points by the committee, however, upon a objection raised, the case of the petitioner was re-examined and 63 points allotted to the petitioner came to be reduced to 61 points, and that as per the scheme, the committee recommended to the competent authority the case of 4 applicants with higher points for offering them appointment against four available post of Office Attendants on compassionate grounds, and that the case of the petitioner also stands strictly considered in accordance with the scheme and so far has not been recommended for appointment in terms of the scheme on account of the number of points petitioner is awarded. 3. Having regard to the aforesaid stand taken by the respondents, the counsel for the respondents came to be directed on the previous date of hearing to appraise the Court of the vacancy position qua the compassionate appointments in the respondent-institute. Today, when the matter came up for consideration, the learned Senior counsel appearing for the respondents stated at bar that two more vacancies from “Group C” post are now available to be filled up by way of compassionate appointment and that the petitioner can be considered in terms of the scheme against the said posts. The counsel for the respondents thus would seek disposal of the petition in this view of the matter to which the counsel for the petitioner does not object. 4. In view of the aforesaid submissions of the Senior Counsels appearing for the parties the instant petition is disposed of accordingly with a direction to the respondents to effectively consider the case of the petitioner for compassionate appointment in accordance with rules and in terms of the scheme in place. The aforesaid exercise be undertaken and completed by the respondents without any delay preferably within a period of three months from today. 5. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR: 15.04.2025 “S.Nuzhat”