UNION OF INDIA Vs. RAVI KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Single Judge [‘the Writ Court'] dtd. 1/4/2017 passed in SWP No. 801/2017 titled 'Ravi Kumar and others vs. UOI and another' whereby the Writ Court has allowed the writ petition of the respondents ['the writ petitioners'] and directed that, in future, if the respondents make appointments to the posts of Mazdoor, the case of the petitioners may also be considered by giving them preference over other candidates for having served in the Kargil War Zone. The Writ Court has further provided that if any of the petitioners has crossed the age bar, the same shall stand relaxed.

(2.) Before we advert to the grounds of challenge urged by learned DSGI appearing for the appellants, we deem it appropriate to deal briefly with the factual matrix in the backdrop whereof the instant appeal has arisen.

(3.) Briefly stated the case projected by the writ petitioners in the writ petition is that after the outbreak of Kargil war, the Indian Army, which was in dire need of porters to help the Army in mounting assault on the enemy, selected approximately 5000 persons from District Udhampur for working as Majdoor/porter in three different war fronts in Kargil sector. Out of 5000 persons selected by the Indian Army, only 200 volunteered to render their services. The writ petitioners have given details of the duties which they performed to assist the Army during Kargil war.