Jammu and Kashmir High Court: A Single Judge Bench comprising of Ali Mohammad Magrey, J., dismissed a petition filed by the petitioner seeking the benefit of SRO 43 of 1994 [Jammu & Kashmir (Compassionate Appointment) Rules, 1994].
The petitioner was an adopted son whose father was killed in an encounter between Army and militants. The petitioner sought compassionate appointment against the death of his father.
The Court, in this case, referred to various Rules of SRO 43 of 1994 including Rule-2 wherein applicability of the said rules has been laid down which includes adopted sons and daughters as well within its ambit. The Court then referred to SRO 177 which amended certain rules of SRO 43 of 1994 and observed that as per the amendment to clause (d) of Rule 2, the benefit of SRO 43 of 1994 shall be given to the adopted sons or daughters only if the personal law of the community to which the beneficiary/adoptee belongs, allows the process of adoption.
The Court concluded by holding that the petitioner was not entitled to the benefit of SRO 43 of 1994 since his community does not permit the process of adoption and hence the petition was dismissed. [Mohammad Rafiq Wagay v. State of J&K,2018 SCC OnLine J&K 470, order dated 26-07-2018]
My question is govt employee taken adaption 10years boy in front of the village cast head people and taken agreement on ordinary paper after 8 years adapted son submitted a petition in front of loak adalath for his adapted father not badgered about his livelihood. a After the loak adalth issued a judgement dulu informing further his livelihood responsibilities of adapted father to take. The above effective tken entry in to the Service Register of his adapted father.after 3 years the employee (adapted father) has expired while in service. After this effect the adapted son submitted all relevant documents and requested to appoint him under compassionate appointment. When he is eligible for compassionate appointment under what rules please inform