TAHIR BASHIR AND ANR Vs. STATE & ORS

JUDGEMENT

(1.) One Bashir Ahmad Bhat, who was holding the rank of Selection Grade Constable (SGCT) in the respondent Department, was killed by unknown persons on 11-01-1993. F.I.R No. 03/1993 dated 12-01-1993 was registered in police station, Bandipora.

(2.) In view of the mandate contained in J&K Compassionate Appointment Rules of 1994, notified vide SRO 43 of 1994, the petitioner No.2 - Shakeela Bano, widow of the deceased SGCT, sought consideration for appointment on compassionate grounds, which was not considered by the respondents. This aspect of the matter can be gathered from communication dated 11-10-2011, send by Commandant, JKAP 03rd Bn., Security Zewan, Srinagar to the Additional Director General of Police (ADGP), Armed/Law & Order, J&K, Srinagar. Meanwhile, petitioner No.1, son of the deceased SGCT, applied and sought consideration for being appointed on compassionate grounds. The said Commandant, vide his aforesaid communication, recommended case of petitioner No.1 for appointment in police Department as Constable on compassionate grounds in terms of rules notified vide SRO 43 of 1994. The Staff Officer for ADGP, Armed/L&O, Jammu, vide his communication No. APHQ/Pers/SRO-43/A-33/2011/12- 14 dated 02-01-2012, informed the Commandant that the claim of petitioner No.1 for being appointed on compassionate grounds, being time barred, cannot be considered. It is this communication, which is called in question in this writ petition.

(3.) Respondents, in their Reply Affidavit, have stated that the deceased Constable was deputed to perform guard duty with other guard personnel of JKAP, 03rd Bn., at Kadalbal bridge, Pampore. It is also pleaded that on 09-11-1990, the said bridge was damaged with heavy explosive material by some unknown persons. On the alleged dereliction of duties, the deceased SGCT with some other officials was removed from services vide office order No. 1279 of 1990 dated 12-11- 1990. It is also stated in the Reply Affidavit that during the period the deceased was removed from services, he was assassinated by some unknown persons on 11-01-1993 at Arin, Bandipora. At paragraph (5) of the Reply Affidavit, it is stated by the respondents that the order of removal from services was challenged by the deceased SGCT and other police personnel before this Court in SWP 904/1990. The said writ petition was allowed and the order of removal from services was quashed by the Court vide judgement dated 04-05-1994. The writ petitioners were allowed to resume their duties. Since the deceased SGCT, Bashir Ahmad Bhat was killed during pendency of the writ petition, obviously, he could not join the services.