Saiem Iqbal Minor Son Of Late Mohammad Iqbal Bhat vs D/o Civil Secretariat, J& K

1 T.A. 2353/2020


CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR

T.A. No.2353/2020
st
Date of Order: 01 September, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(Judl.)

1. Saiem Iqbal (Minor)
S/o Late Mohammad Iqbal Bhat
R/o Tulsi Bagh Solina through Mohammad Hussain
Bhat, Age 46 yrs.
S/o Gh. Mohammad Bhat,
R/o Tulsi Bagh Solina

.…Petitioner

Mr. S A Makroo, Sr. Counsel
By Advocate :

VERSUS

1. State of Jammu and Kashmir through
Commissioner/Secretary to govt. General
Administration Department Civil Sectt.,
Srinagar/Jammu.
2. Director Handicrafts Department, Kashmir.
3. Assistant Director Handicrafts Budgam.
....Respondents

By Advocate :- Mr. Syed Musaib, DAG, & Mr. Rais Ud Din
Ganaie, DAG




Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL ADMINISTRATIVE
SHUBHAM TRIBUNAL, OU=CAT SRINAGAR BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH Date: 2026.09.03 09:52:14+05'30'
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2 T.A. 2353/2020



O R D E R (ORAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. The present petition is filed through the uncle of the petitioner, as
the petitioner is a minor, seeking protection of the rights of the
petitioner as the son of the deceased employee, who died in
harness on 02.06.2019. The father of the petitioner, who was
working in the department of respondent Nos. 3 and 4 as Orderly-
cum-Chowkidar in the pay scale of 19900-63200 + 1900 GP
(Level-2), died in harness on 02.06.2019, as is evident from the
letter issued by respondent No. 4 dated 31.07.2019, the death
certificate of Mohammad Iqbal Bhat and the communication dated
31.07.2019.
02. It is also stated in the petition that much before the death of the
petitioner's father, the mother of the petitioner, namely Bhat
Kulsama, also expired on 07.01.2017, which is evident from the
death certificate issued by the Registrar of Births and Deaths,
SMC. Unfortunately, the deceased employee had two children out
of their wedlock, one being the petitioner, Saiem Iqbal, and the
other being Saliyha Iqbal. However, it is also a fact that the elder
brother of the petitioner, namely Saliyha Iqbal, who is another son
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL ADMINISTRATIVE
SHUBHAM TRIBUNAL, OU=CAT SRINAGAR BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH Date: 2026.09.03 09:52:14+05'30'
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of the deceased, has 90% permanent disability, which is evident

3 T.A. 2353/2020


from the disability certificate issued by the Medical Authority,
Department of Empowerment of Persons with Disabilities,
Ministry of Social Justice and Empowerment, Government of
India.
03. Thus, the only family member left in the petitioner's family who
is eligible to seek the benefits under SRO-43, commonly known
as the rules framed for compassionate appointment, is the
petitioner, who is presently a minor. Accordingly, the present
petition has been filed through the paternal uncle of the
petitioner in order to seek consideration under SRO-43 in favour
of the petitioner, which, so far, has neither been undertaken nor
considered by the respondents despite repeated requests made to
them.
04. Learned counsel for the respondents submits that the
respondents are duty-bound to reserve a post under the
compassionate appointment scheme to support the deceased
employee's family. He further submits that through the medium
of the instant petition, the petitioner prays for this Hon'ble
Tribual’s judicial intervention to consider the case on
humanitarian, legal, and constitutional grounds under Article 21
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL ADMINISTRATIVE
SHUBHAM TRIBUNAL, OU=CAT SRINAGAR BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH Date: 2026.09.03 09:52:14+05'30'
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and the Directive Principles of State Policy. Hence, this T.A. on
being transferred to this Tribunal.

4 T.A. 2353/2020


05. Reply has been filed, wherein it has been mentioned that the
Administrative Department, vide communication No.
IND/Legal-143/2020 dated 22.12.2020, intimated that the instant
case was taken up with the General Administration Department
for its advice/opinion, which, vide UO No. GDC195/CM/2020-
SRO dated 10.12.2020, returned the case with the following
remarks:
“Returned. The department is informed that the case of the
applicant is neither covered under relaxation policy/SRO-43 of
1994 nor covered in terms of SRO-120 of 2018".
06. Through the medium of the instant petition the petitioner seeks for
the following reliefs-
a) Mandamus commanding the respondents to ear mark /
reserve one post for the petitioner against which the
petitioner be appointed under the compassionate
appointment scheme of the state on attaining the
eligibility as provided under law OR the petitioner be
considered for any other scheme created for the
livelihood the persons like petitioner.
b) Any other writ, order or direction which this Hon’ble
Court deems fit and proper in the attending
circumstances of the case may also be passed in favour
of the Petitioner and against the Respondents.
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL ADMINISTRATIVE
SHUBHAM TRIBUNAL, OU=CAT SRINAGAR BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH Date: 2026.09.03 09:52:14+05'30'
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5 T.A. 2353/2020


07. Vide order dated 03.08.2026, learned counsel for the applicant
was granted a last opportunity to file his rejoinder. However,
today, when the matter came up for consideration, he submits that
he does not intend to file a rejoinder to the response filed by the
respondents.
08. Learned counsel for the applicant argued the matter at length and
submitted that the applicant would be satisfied if the present T.A.
is treated as a representation and the respondents be directed to
consider and decide the same within a stipulated time frame, in
light of the averments made therein and SRO-43 of 1994, along
with the documents annexed and the law applicable in the instant
case.
09. Learned counsel for the respondents, Mr. Syed Musaib, DAG,
submits that, without prejudice to their rights and contentions, the
respondents have no objection if the present T.A. is treated as a
representation and is disposed of in terms of the submissions
advanced on behalf of the petitioner.
10. Heard learned counsel for the parties.
11. Learned counsel for the parties are ad idem that the present T.A.
may be disposed of at this stage by treating the same as a
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL ADMINISTRATIVE
SHUBHAM TRIBUNAL, OU=CAT SRINAGAR BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH Date: 2026.09.03 09:52:14+05'30'
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representation.
12.
Accordingly, without expressing any opinion on the merits of the

6 T.A. 2353/2020


case, the present T.A. is disposed of with a direction to respondents to
treat this T.A. as representation and to accord due consideration to the
assertions made therein, in light of the SRO-43 of 1994 and the law
holding the field and subject to the entitlement and eligibility of the
applicant, as well as other applicable conditions and rules and
regulations. Further, if there is no impediment. Respondents shall also
take into consideration the documents annexed with the T.A. while
according such consideration.
13. The said exercise shall be completed within a period of eight weeks
from the date of receipt of a copy of this order, by passing a
comprehensive reasoned, speaking, and detailed order.
14. It is clarified that this Tribunal has not expressed any opinion on the
merits of the claims or contentions raised by either side. All questions
of fact and law, are left open to be considered by the competent
authority, in accordance with law.
15. Accordingly, T.A. No. 2353/2020 is disposed of along with the
connected M.As., if any, parties are to bear their own costs.
16. Consign the file to the Record Room, after due compliance.

(JUSTICE RITU TAGORE)
Member(Judl.)



Shubham sharma
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL ADMINISTRATIVE
SHUBHAM TRIBUNAL, OU=CAT SRINAGAR BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH Date: 2026.09.03 09:52:14+05'30'
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