NASEER AHMAD DAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner's father died in harness sometime before year 2000. Soon after he lost his father, the petitioner approached the respondents with an application for his appointment on compassionate grounds in terms of Jammu & Kashmir (Compassionate Appointment) Rules, 1994 notified vide SRO 43 of 1994. His claim was accepted and the Deputy Commissioner, Anantnag vide Order No. 121 -CA/Misc/2000 dated 21.08.2000 appointed petitioner as Farm Supervisor in the pay scale of 3050-4910 in the Agriculture Department against the vacancy that had become available due to promotion of one Nazir Ahmad Sofi- Farm Supervisor.

(2.) Petitioner joined as Farm Supervisor in the office of Chief Agriculture Officer, Anantnag. However, Chief Agriculture Officer, Anantnag did not allow the petitioner to discharge the duties of Farm Supervisor nor did he assign any work to the petitioner. Aggrieved, the petitioner filed Writ Petition on hand seeking following relief :

(3.) The respondents, in their counter affidavit, admit all the factual averments made in the Writ Petition. They, however, plead that the post of Farm Supervisor was a promotional post and the petitioner did not deserve to be appointed against the said post. The case set up by the respondents, in opposition of the' Writ Petition, was that the petitioner deserved to be appointed against Class-IV vacancy and that the Deputy Commissioner, Anantnag had errone- ously and unmindful of mandate of Jammu & Kashmir (Compassion- ate Appointment) Rules, 1994, appointed the petitioner against a higher post. It is pleaded that the petitioner vide order dated 23.10.2000 was allowed to join against post carrying pay scale of L 2550-3200 subject to the final out come of the Writ Petition.