Serial No. 04 Regular List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1141/2025 CM(3015/2025) MUHAMMAD AFZAL KUMAR …Petitioner (s) Through: Mr. Arshid Ahmad, Advocate vice Mr. P.S. Ahmad, Advocate Vs. UT OF JK AND ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE. HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 19.05.2025 Per Sanjeev Kumar-J (oral): 1. This petition under Article 226 of the Constitution of India, filed by the petitioner, is directed against an order and judgment dated 7th October, 2024, passed by the Central Administrative Tribunal (CAT), Srinagar Bench, [“the Tribunal”] in TA No. 107/2022 titled “Muhammad Afzal Kumar Vs. State of JK & Ors”, whereby the petition filed by the petitioner seeking a direction to the respondents to provide him compassionate appointment under SRO 43 of 1994 has been dismissed. 2. The impugned judgment is called in question by the petitioner primarily on the ground that the petitioner being an adopted son of the deceased employee namely Asadullah Kumar, who died in harness on 19th March, 2007, is entitled under SRO 43 of 1994 to the compassionate appointment. The petitioner has placed strong reliance upon Will Deed stated to have been executed by the testator deceased employee on 7th Arif Hameed I attest to the accuracy and authenticity of this document 19.05.2025 March, 2009, just 12 days prior to death of the deceased. The Will Deed itself is shrouded in serious doubt. Otherwise also, the Will Deed executed on 7th March, 2009, is not a document with regard to the adoption of the petitioner by the deceased employee. We are also in agreement with the Tribunal that under the Shariat Law, the adoption in the Muslims is not permissible. In terms of Jammu & Kashmir, Muslim Personal Law (Shariat) Application Act of 2007, the State of Jammu & Kashmir adopted applicability of the Shariat Law notwithstanding any custom of practice to the contrary. It is well settled that adoption in Muslim Community is not permissible under Shariat Law. The Tribunal was correct in not accepting the petition filed by the petitioner for the reason that amongst the Muslims adoption was neither permissible as per the Shariat Law nor was there any documentary proof to demonstrate that the petitioner was actually adopted by the deceased employee. 3. For all these reasons, we find no illegality and infirmity in the order passed by the Tribunal. This petition is, therefore, found without any merit and the same is, accordingly, dismissed. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 19.05.2025 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 19.05.2025