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2026 DAILYLAW 279 (JK)

MUDASIR AHMAD TANTRAY v. UNION TERRITORY OF J AND K TH.COMMR/SECTY (GAD) AND OTHERS

WP(C)/302/2026 · 2026-04-06

Sanjay Dhar

Writ Petition (Civil)body2026

Judgment text

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140 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 302/2026 MUDASIR AHMAD TANTRAY ….. Petitioner(s) Through: Mr. M. Saleem, Advocate. V/s UNION TERRITORY OF J AND K TH.COMMR/SECTY (GAD) AND OTHERS ….. Respondent(s) Through: Mr. Hakeem Aman Ali, Dy. AG Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 06.04.2026 1. The petitioner, through the medium of present petition, is seeking a direction upon the respondents to consider and decide his case for compassionate appointment under SRO 43 in accordance with law. 2. As per the case of the petitioner, his father Mohd Shaban Tantray was killed in militancy related incident in the year 2001 regarding which FIR No. 108/2001 for offence under Section 302 of RPC and 7/25 of the Arms Act came to be registered with the Police Station, Pattan. 3. It has been submitted that respondent No. 2 has already granted sanction for ex-gratia relief of Rs. 1.00 lac in P a g e | 2 WP(C) No. 302/2026 favour of the legal heirs of deceased father of the petitioner in terms of order dated 05.11.2002. But at the time of death of the father of the petitioner, he was a minor as such, he could not be extended benefit of compassionate appointment in terms of SRO 43. It has been submitted that the petitioner has furnished all the requisite documents to the respondents and applied for grant of compassionate appointment in his favour but it seems that because of pendency of FIR No. 184/2021 for offences under Sections 147. 323, 325, 341 and 506 IPC registered at Police Station, Pattan against the petitioner, the respondents are not processing the case of the petitioner. It has been submitted that the aforesaid FIR has arisen out of land dispute between the co-sharers and as such, it cannot form an impediment in considering the case of the petitioner. 4. Learned counsel for the petitioner has submitted that the petitioner would feel satisfied if the respondents are directed to take a decision with regard to the claim of the P a g e | 3 WP(C) No. 302/2026 petitioner for appointment under SRO 43 in accordance with law within a specified period. 5. In view of the above, the petition is disposed of with a direction to the respondent No. 2 to consider the claim of the petitioner with regard to grant of compassionate appointment in his favour in accordance with law and the rules/guidelines governing the field most expeditiously preferably within a period of two months from the date a copy of this order is made available to respondent No. 2. 6. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 06.04.2026 Aasif