Jammu & Kashmir High Court - Srinagar Bench

Afroza Banoo vs Mr. Dhiraj Gupta And Anr on 7 May, 2025

Author: Vinod Chatterji Koul

Bench: Vinod Chatterji Koul

                                                           S. No. 53
                                                           Regular Cause List
   IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR

                        CCP(S) No. 346/2022 In
                         WP(C) No. 238/2021
Afroza Banoo                                 ...Appellant/Petitioner(s)
Through: Mr. Lone Altaf, Advocate

                                    Vs.

Mr. Dhiraj Gupta and Anr.                                  ...Respondent(s)
Through: Mr. Illyas Laway, GA

CORAM:
 HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

                               ORDER

07.05.2025

This Court while deciding writ petition, WP(C) No.238/2021, vide

Order dated 25.03.2022, in presence of learned counsel for petitioner as well

as official respondents, made following observations and directions in

paragraphs 5&6:-

"5. Since the fact with regard to the death of the husband of the petitioner and that he had worked as a permanent Sweeper with the Municipal Committee, Qazigund, who had died in harness are not disputed, the writ petition is disposed of with the direction to the respondents to consider the matter regarding grant of compassionate appointment to the petitioner in terms of SRO 43 of 1994 after verification of the record and seeking necessary information, if any, from respondent No. 2 and 3 most expeditiously preferably within a period of four months from the date certified copy of this order along with fresh application seeking appointment is submitted before him.

6. It goes without saying that, if any, pensionary or post retiral death benefits admissible to the family of the deceased have been withheld, the respondent no. 3 shall consider and take effective steps for the release of the same."

It is evident from the order dated 25.03.2022 that the status of

petitioner's husband as permanent Sweeper in Municipal Committee,

Qazigund, and he having died in harness, was not disputed. If the said facts have not been disputed, petitioner's case was to be considered for

compassionate appointment in terms of SRO 43 of 1994 to which

compliance report filed by respondents, is not in consonance with the order

and is, accordingly rejected.

Learned counsel for respondents, Mr. Illyas Laway, GA, seeks and is

granted two weeks' time to file compliance of the order/judgment.

List on 26.05.2025.

(VINOD CHATTERJI KOUL) JUDGE

SRINAGAR 07.05.2025 Shabroz