TARIQ AHMAD GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal has arisen out of the Judgment dated : 11.03.1998 passed by the Learned Single Judge dismissing SWP. No. 1662/96 wherein the appellant has sought the relief of appointment to the post of Assistant Sub -Inspector of Police on compassionate grounds on the demise of his father in harness while serving as ASI in the Police Department.

(2.) A few facts necessary for disposal of the appeal are that the father of the appellant was killed by the militants while in active service working as ASI. Petitioner applied seeking appointment on compassionate grounds as ASI in terms of provisions of SRO 43 of 1994. He was appointed as Head Constable. Being not satisfied, he preferred the writ petition seeking direction for his appointment as ASI. In the writ petition he has mentioned the names of some of the persons who have been appointed by the respondents to the higher posts in terms of Sub -Rule (2) of Rule 3 of SRO 43 of 1994 whereas he was appointed as Head Constable instead of ASI, thus he has been discriminated viz -a -viz those who have been appointed on a higher posts. Respondents in their reply opposed the relief prayed for. Learned Single Judge after hearing the learned counsel for the parties has rejected the case of the petitioner relaying upon the judgment of the Supreme Court delivered in Umesh Kumar Vs. State of Haryana reported in 1994(4) SCC 138 wherein the Supreme Court has observed that if the dependent of the deceased employee finds it below his dignity to accept the post offered, he is free not to do so. The post is not offered to cater to his status but to see the family through the economic calamity.

(3.) AGGRIEVED of the order of the learned Single Judge, the appellant has preferred this Letters Patent Appeals challenging the legality and correctness of the order.