SRINAGAR: The Central Administrative Tribunal (CAT), Jammu Bench, has directed the appointment of an applicant on compassionate grounds after her initial claim was rejected due to her age at the time of her father’s death. The tribunal, in its judgment on October 16, 2024, instructed the authorities to appoint the applicant in line with the Compassionate Appointment Rules of 1994 (SRO 43/1994), as amended by SRO 177/2014.
The applicant, who lost her father in January 2009, was only 11 years old at the time of his death. After attaining a majority in 2015, she applied for a compassionate appointment in February 2017. However, her request was rejected because she had not applied within one year of her father’s death.
Challenging this rejection, the applicant approached the tribunal through her counsel, Faheem Shokat Butt, who argued that the one year for applying should be counted from the date she reached the age of majority, not from the date of her father’s death. The counsel also highlighted that an amendment in 2014 (SRO 177/2014) extended the time limit for applying for compassionate appointments from one year to five years, starting from the date the applicant attains majority.
The tribunal agreed with the counsel’s submissions, noting that the interpretation of the rules by the authorities was incorrect. The bench directed the respondents to appoint the applicant to a suitable position, recognising her eligibility under the Compassionate Appointment Rules.
This judgment has been seen as a significant clarification of the application of compassionate appointment rules, particularly in cases where the applicant is a minor at the time of the parent’s death. It reinforces the rights of those who, due to their age, cannot apply immediately but are entitled to consideration once they reach the age of majority.
