Zahoor Ahmad Akhoon vs M/o Culture

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TA 6839/2021

CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR

T.A. 6839/2021
th
13 August, 2026
C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)


Zahoor Ahmad Akhoon (AGED: 34 YRS.)
S/o Late Bashir Ahmad Akhoon
R/o Village Pandrathan, Srinagar, Kashmir


By Advocate : Mr. S.A.Makroo
…..... Applicant/s
VERSUS

1. Union of India through Secretary Ministry of Culture,
Government of India New Delhi.

2. Director General Archaeological Survey of India
Ministry of Culture, Janpath, New Delhi-110011

3. Regional Director (North Zone) Archaeological Survey of
India, New Delhi

4. Deputy Superintending Horticulturist Horticulture Division
No. II, 6th Floor, D-Block, Puratatan Bhawan,
GPO Complex, INA, New Delhi-110023

5. Section Officer (Adm-I1) Archaeological Survey of
India 24, Tilak Marg, New Delhi
…….Respondent/s

By Advocate : Ms. Hina Khan vice Numan Malik

O R D E R
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M.S.LATIF, M (J) oral

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01/ Through the medium of this petition, the petitioner has sought
the following relief :
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“The Hon'ble Court may kindly be pleased to quash the
impugned communication/order bearing F. No. 14-12/2009-Adm-
II dated 17 April,2018 with further direction to the respondents to
consider the case of the petitioner for compassionate appointment
against a suitable post preferably the post of 'Garden Assistant'
and issue order of appointment in favour of the petitioner without
further delay.”
02/ What emerges from the pleadings in this TA are that the
father of the petitioner, namely, Bashir Ahmad Akhoon was
employed with the Respondent ASI as Junior Foreman
(Horticulture) at Pather Masjid, Srinagar and during his employment
he expired on 21.04.2008 at SKIMS Hospital, Soura, Srinagar
leaving behind his legal heirs/dependents consisting of his wife, a
daughter and three sons, all of whom are unemployed. Learned
counsel for the petitioner submits that the family of the petitioner is
struggling both financially and emotionally due to untimely death of
their lonely bread earner.
03/ Learned counsel for the petitioner submitted that, despite
all odds, the petitioner continued to pursue his studies and qualified
his matriculation examination. As such, the mother of the petitioner
applied for compassionate appointment of his son – the petitioner
herein, on the post of Garden Assistant so as to earn the livelihood.
It is submitted that after pursuing the matter continuously and
vigorously, the petitioner received a copy of the Letter dated
03.02.2009 issued by the Deputy Superintending Horticulturist, ASI,
Safdarjung Tomb, New Delhi to its Chief Horticulturist, Taj Mahal,
Agra, whereby he forwarded the application of the mother of the
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petitioner for appropriate action thereupon. Thereafter copies of
various communications were received by the petitioner, made, inter
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se, by the respondents, regarding the subject matter of the
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petitioner's compassionate appointment. Learned counsel submitted
that in the month of January 2010 the petitioner received a copy of
the letter dated 01-01-2010 issued by Deputy Superintending
Horticulturist, ASI, Safdarjung Tomb, Delhi to the Chief
Horticulturist, Agra, forwarding the Family Welfare Report dated
22.11.2009 of the family of the petitioner issued by the Assistant
Superintending Horticulturist, ASI, Delhi, wherein it was
specifically mentioned that none of the children of late Bashir
Ahmad Akhoon is married yet. The family is living in small three
rooms of mud masonry built on a small plot of land measuring less
than 100 square yards. The family appears to be under financial
stress as could be inferred from their living standards which appears
to be the possible reason for celibacy in the family. He also reported
that two sons are reported to be daily wage earners while as third
one is engaged in some computer course. The grant of appointment
on compassionate basis to a member of the family of the deceased
employee will help in diluting the financial stress of the family.
04/ Learned counsel submits that the petitioner as also his
mother pursued their case for compassionate appointment before
the respondents, however, nothing substantial was done. As a result,
the petitioner filed an application under section (6) of the Right to
Information Act, seeking status of his application for compassionate
appointment and he also filed an Appeal against the reply to which
he received another Reply dated 05.05.2015 and also received letter
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dated 01-09-2016 with reference to his RTI Appeal informing him
that his matter has been forwarded to the Director General, ASI,
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who had, vide letter dated 18-05-2015, sought some information in
the matter and the same has been sent to him vide letter dated 01-06-
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2015. Accordingly, the petitioner was requested to contact the
Director General, ASI, for ascertaining any further progress in the
matter.
05/ Learned counsel submitted that when the petitioner did not
receive any intimation as to whether his case was forwarded or
whether his claim was considered or rejected, he approached the
Office of the respondent No.2 - Director General, Archeology, on
09-06- 2016 and to his amazement, he came to know orally that his
application for compassionate appointment has been rejected due to
delay on the part of the petitioner. However, no formal information
or any written communication was issued to the petitioner from the
respondents. When nothing substantial was done, the petitioner was
left with no option but to approach the Hon'ble High Court of J&K,
Srinagar, in terms of writ petition bearing No. W.P(Civ.) No.
1124/2016, seeking a direction upon the respondents to appoint him
on compassionate grounds. The petitioner projected in the writ
petition that delay in deciding his case for compassionate
appointment, on the part of respondents, has violated his rights,
guaranteed under Article 14, 16 & 21 of the Constitution. However,
in the meantime, case of the petitioner was considered and rejected
by the respondents vide communication dated 17-04-2018 issued by
respondent No. 5 on the ground that he is not fulfilling the
educational qualification in terms of Compassionate Appointment
Rules of 2013. However, the Hon'ble High Court of J&K, was
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pleased to give liberty to the petitioner to assail the rejection order in
accordance with law. Learned counsel submitted that the element of
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compassion is still existing, which this Hon'ble Court can appreciate
in view of the report submitted by the respondents while processing
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the case of the petitioner for compassionate appointment. The
document titled 'Family Welfare Report' lends support to the case of
the petitioner that his family is in a very pathetic condition. The
petitioner, being aggrieved of the above said communication by
virtue of which his case for compassionate appointment has been
rejected, challenged the same through the medium of SWP
2471/2018, now T.A 6839/2021.
06/ Be that as it may, after arguing the matter for a
considerable period of time, learned counsel for the petitioner fairly
submitted that the petitioner would be satisfied if the respondents are
directed to treat this petition as comprehensive representation of the
petitioner and decide the same as expeditiously as possible in
accordance with law.
07/ Learned counsel appearing for the respondents submits that
he has no objection if the present T.A is disposed of with
appropriate directions, without prejudice to the rights and
contentions of the respondents.
08/ Heard learned counsel for the parties at length, perused the
material available on record.
09/ Having regard to the limited prayer made by learned counsel
for the petitioner and without expressing any opinion on the merits
of the case, the present T.A is disposed of with a direction to the
respondents to treat this petition together with all documents and
annexures appended thereto as well as the representations, if any
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filed by the petitioner earlier, as a comprehensive representation and
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decide the same by passing a reasoned and speaking order in
accordance with the applicable statutory provisions, rules and
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governing legal framework, of course, subject to the petitioner’s
eligibility and entitlement under law and provided there is no legal
impediment in doing so. Needful to be done within a period of eight
weeks from the date a certified copy of this order and copy of this
T.A is served upon the respondents.
10/ In the backdrop of what has been discussed above, this T.A
6839/2021 is disposed of along with connected M.As, if any.

(M. S. LATIF )
Member (Judl.)
TARIQ MOTA
CONSULTANT (PS)
13-08-2026.

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