Kashmir Impulse Desk

Srinagar, July 30

The Central Administrative Tribunal (CAT) quashed the rejection of a Jammu and Kashmir man’s application for compassionate appointment, saying authorities must consider the humanitarian purpose of such schemes rather than rely solely on technical grounds.

The tribunal’s Srinagar bench, presided over by Judicial Member M S Latif, directed authorities to reconsider the application of Najam-us-Saqib within eight weeks and issue a reasoned order.

Saqib had sought compassionate appointment after his mother, an assistant supervisor in the office of the Accountant General in Jammu and Kashmir, died while in service in March 2022.

His application was rejected in April 2023 after authorities cited the family’s receipt of terminal benefits and a monthly family pension.

The tribunal said the decision had failed to adequately consider the family’s financial circumstances, including the presence of two unmarried daughters and other dependants. It also questioned why similarly placed families had been granted compassionate appointments while Saqib’s claim was rejected.

The bench said compassionate appointment schemes were welfare measures intended to prevent families of deceased employees from falling into financial distress and should therefore be interpreted in a manner that advances their purpose.

It said authorities must assess each case on its individual circumstances rather than mechanically treating pension or terminal benefits as grounds for rejection.

The tribunal held that the rejection order was arbitrary and discriminatory and violated the constitutional guarantees of equality under Articles 14 and 16.

It directed the authorities to reconsider Saqib’s case on the same basis as similarly situated beneficiaries and complete the process within eight weeks.