PARVINDER SINGH Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Through the medium of this writ petition the petitioner is seeking quashment of Communication No. HD/NG/06/2013 dated May 2013 issued by the Secretary to Government Health and Medical Education Department, respondent No. 2 herein, whereby it has been requested to the Director Health Services, Jammu to process the case of compensation in lieu of land donated for construction of Hospital Building instead of appointing the petitioner against Class IV post in the Health Department. Accordingly, the petitioner is seeking a direction to the respondents to appoint him against Class IV post in the Health Department as has been done in case of other persons, namely, Razia Bi and Wasim Ahmed Khan

(2.) While issuing notice on 11.09.2013, this Court had also directed the official respondents to consider the petitioner's case. However, during the pendency of this writ petition, learned counsel for official respondents had placed on record copy of Government Order No. 145-HME of 2014 dated 10.03.2014 issued by the Deputy Secretary to Government, Health and Medical Education Department, disallowing the case of petitioner.

(3.) The facts-in-brief, as averred in the writ petition, are that in the year 1981 the father of petitioner donated one kanal land comprised under Khasra No. 987, situate at Village Chhajala. Tehsil Mendhar, District Poonch to the Health Department for construction of Primary Health Centre. It is averred that the donated land was more than fifty percent of his agriculture land, but his father did not receive any compensation for the same. Further, it is averred that SRO 181 dated 03.06.1988 provided appointment of one member of the family who are left with 50% or less of their agriculture land on account of the same having been acquired by the Government for public purposes, shall be made without any reference to the Recruitment Board concerned, against a post available at the lowest rank of the cadre for which such a person is eligible. It is averred that the petitioner has passed 10+2 from Government Higher Secondary School, Mendhar in Science subjects. It is further averred that the Health Department vide Order No. 622-HME of 2010 dated 28.12.2010 has appointed respondents 4 and 5. namely, Waseem Ahmad Khan and Razia Bi against Class-IV post in relaxation of qualification bar in lieu of the land acquired by the department in the year 1989 for construction of hospital building/residential quarter at PHC Chatryal (Poonch) in terms of provisions of SRO 181 dated 03.06.1988. Further, it is averred that the petitioner also applied for his appointment in terms of SRO 181 in January, 2012, but respondent No. 2 instead of appointing him against an available vacancy in the department in terms of said SRO and on the analogy of respondents 4 and 5, vide impugned communication directed the Director Health Services, Jammu to process the case for compensation under rules. Hence, the present writ petition.