GH RASOOL GANAIE Vs. STATE

JUDGEMENT

(1.) PETITIONER , appointed as Sub Inspector in Police department on compassionate grounds after death of his father in 1996 during discharge of his duties as Sub Divisional Police Officer Pulwma, alleges that he was treated discriminately in so much as the respondents 6 and 7 whose fathers too were Dy.SPs in police department and died while on duty like that of petitioners father; were appointed as Dy.SPs on compassionate grounds, while he was only appointed as Sub Inspector.

(2.) FEELING aggrieved thereby he seeks direction against official -respondents for his appointment as Dy.S.P on the ground that being similarly situated with respondents 6 and 7, he too deserves to be appointed as such like them, particularly respondent no.7 who even though initially appointed as Sub Inspector was later appointed as Inspector. Materials appended with the petition are petitioners appointment order and those of respondents 6 and 7 as aforementioned.

(3.) IN their objections official -respondents while admitting that petitioners father was killed while on duty, maintain that compassionate appointment is a prerogative of the Government, to be exercised in strict accordance with the relevant SRO, and that having accepted the employment the petitioner cannot turn around to dispute the same by claiming higher post, particularly because he has already been given relaxation in upper limit of the age. During course of their brief submission, learned counsel reiterated the contents of pleadings with reference to annexures.