STATE OF J&K Vs. WASEEM AHMED QURESHI

JUDGEMENT

(1.) ADMITTEDLY , father of the petitioner (respondent herein), who was a Chief Prosecuting Officer, died in harness. Petitioner sought compassionate appointment while invoking the provisions of the Jammu and Kashmir (Compassionate Appointment) Rules, 1994 notified vide SRO 43 of 1994 (hereinafter for short referred to as The Rules). Being a Law graduate had been recommended to be appointed as Sub Inspector in the Police Department but has been offered the post of Constable.

(2.) DISSATISFIED with the same, has filed the writ petition praying therein that the respondents (appellants herein) may be commanded to appoint him as against the post of Prosecuting Officer or in the alternative as Inspector in the Police Department as he possesses the requisite qualification and eligibility in view of which he was recommended by the Director General of Police vide communication No. Pers/A - 103/2005/53330 dated 23.12.2008 and also by the Inspector General of Police. The said writ petition has been disposed of vide judgment dated 17.10.2012 wherein before the learned Single Judge, the writ petitioner had projected that his case is squarely covered by two judgments titled Bimal Indu Sharma v. State and ors, reported in 2009 (1) JKJ 316 and Imtiyaz Ahmed Malik v. State and ors, reported in 2010 (II) SLJ 658. While disposing of the writ petition, the learned Single Judge has observed and directed as under: -

(3.) IT is further contended that the judgment rendered in Bimal Indu Sharmas case, as referred to in the impugned judgment, has already been set aside by the Division Bench of this Court while disposing of LPASW No. 75/2009 vide judgment dated 07.12.2012. Judgment in Imtiyaz Ahmed Maliks case will not apply to the case of respondent because father of Imtiyaz Ahmed Malik got killed while fighting to militancy.