TARA SINGH Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner has sought the following reliefs:-

(2.) According to the counsel for the petitioner, the father of the petitioner donated his proprietary land measuring 01 Kanal & 01 Marla falling under Khasra No. 1138min Khewat No. 6/6, Khata No. 27/23min situated at Village Lowang, Tehsil Bani, District Kathua, to the Food and Supplies Department for construction of Food Store building on the assurance by the respondents that the petitioner would be provided regular employment in the Food, Civil Supplies and Consumer Affairs Department and that though the respondents constructed a Food Store upon the land in question, also got a gift deed executed thereof with the father of the petitioner qua the land in question. According to learned counsel, the petitionerin terms of SRO 520 dtd. 21/12/2017 and being eligible for engagement as a casual worker, wasnot engaged in terms of the said SRO, feeling aggrieved thereof, the petitioner repeatedly approached the respondents for redressal of his grievance and also filed a representation before the Deputy Commissioner, Kathua in this regard, which till date has not been decided. It is being next stated by the counsel that the petitioner has neither received any compensation qua the land from the respondents nor have the respondents engaged him under SRO 520, resulting into filing of the instant petition.

(3.) Objections have been filed by the respondents to the instant petition wherein the petition is being opposed, inter-alia, on the ground that none of the fundamental rights of the petitioner has been infringed or violated and that the father of the petitioner donated the land to the respondent-Department for construction of food store at Lowang in the year 1994-95 and in furtherance thereof, a formal gift deed was also executed on 26/8/2018. It is also stated that case of the petitioner was forwarded by the Deputy Director(Supplies) FCS&CS Department, Jammu vide Communication No. 432/G/222/225 dtd. 22/1/2021 followed by communication No. 432/G/478-80 dtd. 16/2/2021 to the Administrative Department wherein it is stated that as per the Deputy Commissioner, Kathua in his letter No. DCK/Adm/2020-21/276 dtd. 9/1/2021 has submitted that petitioner has donated the land for construction of Food Store at Lowang, and the petitioner being handicapped, 12th Pass and having no source of income is requesting for consideration of his case for appointment against any post in the department and that since the land has been voluntarily donated, the petitioner cannot lodge any claim thereof.