ORDER
Syed Bashir-Ud-Din, J.
1. Petitioner seeks direction to respondents for consideration of the petitioner on compassionate grounds, on the pleaded facts that the petitioner’s brother one Mohammad Maqbool Dar a teacher in Education Department died in a vehicular accident on January 16, 1987. The petitioner’s approach to respondents for the appointment, is evoking no response.
2. Heard. Record examined.
3. One Mohammad Maqbool Dar a teacher died in harness on January 16, 1987. Petitioner is brother of this deceased. He is seeking appointment on compassionate grounds under J. and K. Compassionate Appointment Rules of 1994, on the plea that other dependent members of deceased family, who happened to be brothers and sisters, have filed affidavits that in case petitioner is
appointed in place of deceased on compassionate grounds, they have no objection. This is not a ground in the context of rules and within the concept of compassionate appointment to seek appointment under the rules. No grounds whatsoever are spelt out for seeking appointment on compassionate grounds. After all claim to appointment on compassionate grounds is not in the nature of seeking enforcement of any right under a statute. It is a concession given by the employer to obviate the hardship to the indigent family. The petitioner’s claim that “accrued right is being defeated”, is a misconstruction. In S.W.P. No. 1009/1997, titled Farooq Ahmad Waniv. State, 1999 Lab IC 1807 decided on June 24, 1998, it is pointed out:
“…..The appointment on compassionate grounds is not in the nature of an appointment as a matter of statutory right of
appointee, but is a concession granted by the State Government to a dependant of its employee who dies in harness with a view to tide over the extreme hardship of the indigent family in a fit case”.
4. Said Maqbool Dar has died on January 16, 1987. Petitioner has come forth only on May 4, 2000, after over 13 years to seek compassionate appointment. No reason or explanation is forthcoming from record for sleeping over the matter and now seeking the
appointment at such late stage. The appointment on compassionate grounds cannot be ordered after lapse of such a long long period. After all the right to such employment as observed in AIR 1995 SC 319 : 1994 (4) SCC 138 : 1995-I-LLJ-798 “is not a vested right which can be exercised at any time in future.”
5. No ground is made out for admitting the petition to hearing. Dismissed in limine.