KAISAR MASOOD TRUMBOO Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against order dated: -09.10.2002 passed by the Learned Single Judge, dismissing, interalia, the writ petition filed by the writ petitioner, namely, the appellant herein, seeking appointment on compassionate grounds to the post of Junior Assistant.

(2.) IN brief, the facts are that the appellant, representing himself to be the adopted son of late Bashir Ahmad Tramboo, Ex -Head Assistant. Board of School Education, Srinagar, who died in harness on 25.01.1993. was appointed on compassionate grounds to work as Junior Assistant on the verbal instructions of Joint Secretary, Administration, Kashmir Division. He started attending the office from 27th January, 1993. Subsequently, vide orderNo.390 -6 of 1995 dated: -19th September, 1995. issued pursuant to SRO No.43 of 1994 dated: -22nd February. 1994, sanction was accorded to temporary appointment of the appellant as Orderly in the pay scale of Rs.750 -940 with effect from the date he reports for duty. The appellant, being aggrieved of the order appointing him to the post of Orderly, filed writ petition, SWPNo.4080/ 1997, praying therein that the order appointing him as Orderly is violative of SRO 43 of 1994 and that he be directed to be appointed as Junior Assistant In support of his claim, the appellant referred to Rule 3 of the Jammu & Kashmir (Compassionate Appointment) Rules of 1994 (hereinafter referred to as the Rules), which provides that an eligible family member specified in Rule 2 thereof may be appointed against a vacancy in the lowest rank of a non -gazetted service having qualification above matriculation, he had already passed the Matriculation and was reading in P.U.C, His submissions was that since, at the time of appointment he was entitled to be appointed on the post of Junior Assistant.

(3.) UPON notice of the writ petition, the respondents, in their counter, denied that the appellant was entitled to be appointed to the post of Junior Assistant. According to the respondents, in terms of Order No.330 -B of 1989 dated: -21.08.1989, issued by the Board, the educational qualification for direct recruitment to the post of Junior Assistant is Graduation with a typing speed of 30 words per minute. According to them, since the appellant did not possess the qualification prescribed for the post of Junior Assistant nor acquired the same before the appointment was offered to him, he was not appointed to the post of Junior Assistant. The learned Single Judge dismissed the writ petition. Hence, the appeal by the writ petitioner.