NISHI MAGHU V. STATE OF JAMMU AND KASHMIR AND ORS INSC 122; AIR 1980 SC 1975; 1980 SCR 1253; 1980 SCC 95

Name of the Case Nishi Maghu v. State of Jammu and Kashmir and ors (1980)

Facts of the Case This case fell under service rules and especially concerning the discretional powers a widow had in requesting for a compassionate appointment. The petitioner, Nishi Maghu applied to get a government job on compassionate grounds as her husband who was a government employee died. But she also failed to succeed with her petition in the state authorities arguing that her petition was barred on procedural and technical meritorious bases under the rules governing such application. When Nishi Maggi sought to exercise her rights, her application was turned down without any reason being provided; she said the decision was arbitrary and avert of her rights.

Issues Raised 1. Is it justified under the rule for the rejection of the compassionate appointment for Nishi Maghu? 2. Whether the appellant’s rights under Article 14 and 21 of the Constitution were violated when the respondent denied her compassionate appointment? 3. What may be the extent of freedom, which the state uses in such circumstances.

Legal Implications that Surround the Case The case mainly concerned with regulating the appearance of compassionate appointments which aims to give some sort of financial support to the next-of-kin of government worker whose died. The two major articles were Article 14 and 21 of the Constitution which deals with equality and protection of rights against state action and right to carry on any occupation freely. Other case laws that dealt with aspects of strict justice with regard to compassionate appointments & special treatment humanness and reasonability considerations that were also to form part of this case also became relevant to the proceeding of the court.

Judgement The High Court of Jammu and Kashmir held in favour of Nishi Maghu. I brought her to court and the court agreed with me that the rejection of her application was arbitrary and not in keeping with the goal of compassionate appointments as the appointment is meant to give relief to the dependents of the deceased employees immediately. In making such a decision the court urged that technicalities should not be allowed to defeat the spirit of the welfare basis of such appointments. Therefore, through the information provided in the article, regarding the same, the court has asked the state authorities to review Nishi Maghu’s case and give her the necessary remedy.

Conclusion This example brings out the issue of fair and non- arbitrary decisions regarding appointments on ground of compassion. In the paper, the judiciary is recognised for guarding people from procedural injustices and leaning on the intended purpose of welfare policies. The judgment also reminded itself and others that rules and technicalities should not override the compassionate appointments policy. This decision also has other policy implications related to interpretation and policy implementation of compassionate appointment policies at other states in India for future similar cases.