ZAHOOR AHMED KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India, the petitioner, by a writ of certiorari, has sought quashment of impugned Communication No. DCK/LS/ARA/16/700-701 dtd. 19/10/2016 addressed by respondent No. 4 to respondent No. 2 as also a writ of mandamus, for commanding the respondents to consider the case of the petitioner for compassionate appointment.

(2.) The brother of the petitioner, namely, Farid Ahmed Khan, is stated to have got killed by some unknown gunmen in the year 1994. An FIR is also stated to have got registered with the concerned Police Station in this regard. An amount of Rupees One Lac is stated to have been paid as compensation to the family of the deceased. Proforma respondent No. 5 herein being the brother of the petitioner herein states to have applied for compassionate appointment under SRO 43 on account of the death of the above named brother of the petitioner, however, the proforma respondent No. 5 is stated to have got appointed in the Police Department in the year 2007 during the pendency of his case for compassionate appointment, as a consequence whereof, the proforma respondent No. 5 herein withdrew his case for consideration for compassionate appointment by bringing the fact of his appointment to the notice of the Deputy Commissioner, Kupwara by virtue of an application dtd. 22/5/2008. An enquiry is also stated to have been conducted on the said application of the proforma respondent No. 5 by the Deputy Commissioner, Kupwara and a report in this regard had been furnished by Tehsildar, Kupwara dtd. 23/10/2010 endorsing and authenticating the appointment of the proforma respondent No. 5 in the Police Department, withdrawal of his claim for compassionate appointment and substitution of the petitioner herein for claim for compassionate appointment.

(3.) The petitioner earlier filed writ petition bearing SWP No. 2682/2011 seeking therein the quashment of Order No. 236/DCK/Adm of 2009 dtd. 16/11/2009 to the extent of respondent No. 5 (proforma respondent No. 5 in the instant writ petition) with a further relief for commanding the respondents to consider his representation and process his case for compassionate appointment under SRO 43.