SHOWKAT AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) Appellant-writ petitioner has challenged judgment and order dtd. 5/4/2019 passed by the Writ Court in SWP No.86/2017, whereby, the writ petition, seeking a direction to consider the petitioner's placement to the position of Forester from the date he was appointed to the position of Forest Guard on compassionate basis, has been dismissed.

(2.) The case of the appellant-writ petitioner before the Writ Court was that upon death of his father in harness, he was appointed as a Forest Guard vide Forest Order No.128 of 2006 dtd. 26/6/2006 on compassionate basis in terms of SRO 43 of 1994, the Jammu and Kashmir (Compassionate Appointment) Rules, 1994. It was contended by the writ petitioner that at the relevant time he was holding qualification of 10+2 and, as such, in terms of Rule 3 of SRO 43 of 1994 he was entitled to be appointed on higher post of Forester and not on the post of Forest Guard. It was urged by the writ petitioner that after joining as Forest Guard, pursuant to his appointment vide order dtd. 26/6/2006, he made a representation before respondent No.2 on 19/7/2007, but the same was not considered by the respondents. The writ petitioner was promoted to the post of Deputy Forester in terms of Forest Order No.281 of 2012 dtd. 20/10/2012 and thereafter in the year 2016 he again made a representation to the respondents for redressal of his grievance. The same is stated to have been rejected by respondent No.3 in terms of Communication No.CCF(K)Adm/2016/3945-46 dtd. 21/12/2016.

(3.) The aforesaid action of the respondents was challenged by the writ petitioner primarily on the ground that because of his higher qualification he was entitled to be appointed as a Forester and that in certain other similarly situated cases appointments to the posts of Forester on compassionate basis have been made by the respondents.