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Judgment
Mr. N. Paul Vasanthakumar, C.J. - This writ petition is filed praying for issuance of a writ of mandamus commanding the respondents to decide
the representation of the petitioner dated 15.06.2003 seeking compassionate appointment to the petitioner as class-IV employee under SRO 43 of
1994 on the analogy of 3rd respondent.
According to the petitioner, on 15.05.2003 there was exchange of fire between the militants and armed forces and real brother of the petitioner,
namely, Said Mohd. got killed due to the cross firing at village Kasblari and a case to this effect was also registered bearing FIR No. 73/2003
under Sections 302/307, 120-B, 121 and 122 RPC and 26/27 and 7/25 Arms Act at Police Station Mendhar. The petitioner's brother having
been killed, as per the Compassionate Appointment Rules petitioner submitted an application before the 2nd respondent for appointment on
compassionate grounds. Dependent certificate was also submitted along with the said application. The petitioner's family was paid a sum of Rs.
1.00 lac as ex-gratia relief due to the killing of petitioner's brother. It is stated in the affidavit filed in support of the petition that a sum of Rs. 5.00
lac has already been provided to the widow and daughter of the deceased.
In terms of Rule 3(3) the Jammu and Kashmir (Compassionate Appointment) Rules, 1994 read with Government Order No. 893-GAD of
2008, dated 04.07.2008 either a sum of Rs. 5.00 lac as compensation or compassionate appointment is to be given to one of the dependents of
the deceased, who killed in militancy related action and Rs. 5.00 lacs having been paid to the family of the deceased, petitioner cannot insist for
giving compassionate appointment. This writ petition is, accordingly dismissed. No costs.