The High Court has directed the Government to consider compassionate appointment for a family whose only son and sole bread earner had disappeared in Srinagar 28 years ago.
Gulzar Ahmad Mir, son of Ghulam Rasool Mir of KanthparistanSafakadal Srinagar had disappeared on 22 July 1992 after he had left home.
A division bench of ChiefJustice Gita Mittal and Justice Dhiraj Singh Thakur directed the government toconsider case of Mst Taja, mother of Mir, who had petitioned court, forcompassionate appointment in terms of SRO 43 of 1994.
Dismissing an appeal bythe government against its single bench order, the division bench held that theprocess for the appointment should not be uninfluenced by the report dated 29December 2003 from the Additional Director General of Police (CID), J&K.
The Single Judge while upholding the SHRC order had directedthe government to consider one of the members of the victim for employment in terms of Rules notifiedvide SRO No. 43 of 1994 and pay ex-gratia relief to the family.
The division bench issuedthe direction after observing that it did find no reason at all to differ fromthe report dated 03 March 2003 of the Director General of Police before theSHRC that neither the missing boy nor any member of his family was involved inillegal or subversive activity.
"The subsequentcommunication of the CID in December 2003, which is not supported with anyevidence, and, does not doubt the previous report dated 03rd March 2003, isclearly baseless and cannot be relied upon," it added.
Dismissing the appeal as baseless and devoid of legal merit, the court asked the government to ensure within six weeks payment of theamount of Rs one lakh is awarded to the family by the order dated 1 April 2003of J&K State Human Rights Commission, if not already paid.
"In as much as the amount has not been paid for almost 16years, the respondent shall be entitled to simple interest at the rate of 8percent per annum on the compensation. This amount shall also be calculated andpaid within four weeks" it added.
The court sought compliance report within eight weekssaying if the report was not filed asordered, the Registrar Judicial shall place the matter before the court fororders.