GULZAR AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) This is third round of litigation by petitioner. It is the case of petitioner that father of petitioner, who was an employee of the Forest Department, died in harness on 23.08.1977. He was minor at that time; he was engaged by Principal Chief Conservator of Forests in terms of his order dated 23.03.1999 as casual labour on casual basis till formal sanction for appointment of petitioner on compassionate grounds was to be issued by the Govt. After passing of Pre-University Class, he applied under the relevant SRO's in so far as compassionate appointment is concerned. The case of the petitioner for compassionate appointment was referred to the Administrative Department for grant of sanction and Administrative Department after perusing the relevant documents like Death Certificate, Legal Heir Certificate, Qualification Certificate and Date of Birth of the legal heirs of the deceased employee, did not took any decision with regard to the compassionate appointment of the petitioner. Even though the respondents had appointed one Shahida Wani as Junior Assistant on compassionate grounds as her father also died in harness.

(2.) It is further case of petitioner that his case being identical one, but despite that the respondents adopted the discriminatory approach and deprived the petitioner from the appointment on the basis of compassionate grounds. Since the case of the petitioner was pending for the last several years without any results, the petitioner was constrained to approach before this court through the medium of writ petition bearing SWP No.2016/2000. That petition was disposed of with direction to the respondents to consider the case of the petitioner in view of the pleas raised by the petitioner in the said writ petition and in view of the peculiar circumstances of the case, take a decision in the matter within a period of three months. The court further directed that while considering the case of the petitioner, due opportunity of hearing be provided to the petitioner who shall be free to place before the respondents all the grounds which are available to him for consideration of his case. Respondent No.1 instead of considering the case of the petitioner as per the directions of the court, choose to ignore the same and issued Govt. order No. 401-FST of 2001 dated 04.10.2001, whereby respondent No. 1 rejected the claim of the petitioner to be appointed on compassionate grounds. The petitioner being aggrieved of the aforesaid order dated 04.10.2001, challenged the same though the medium of writ petition bearing SWP No.212/2002 before this court. That writ was disposed of and again a direction was passed to respondents to consider the case of the petitioner in view of the pleas raised by the petitioner in the writ petition and in view of the peculiar circumstances of the case, take a decision in the matter within a period of three months. The court further directed that while considering the case of the petitioner, due opportunity of hearing be provided to the petitioner who shall be free to place before the respondents all the grounds which are available to him for consideration of his case.

(3.) Respondent No.4 taking quorum of the aforesaid communication, issued order No. 82 of 2014 dated 04.03.2014, whereby respondent No. 4 after narrating the facts and giving the sequence of events as well as direction passed by this court, rejected the claim of the petitioner. The petitioner has challenged the impugned order on the following grounds;