VINAY GUPTA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This L. P. appeal is preferred by the appellant against the order made in SWP No. 87/2003, dated 28.10.2016, dismissing his writ petition, seeking directions to the respondents to appoint the appellant as Inspector in J&K Police with effect from 17.11.1999 on compassionate grounds under SRO 43 of 1994.

(2.) The case of the appellant before the Writ Court was that his elder brother, Ajay Gupta was serving as Sub-Inspector in the Jammu and Kashmir Police who died in harness in Oct., 1998. On staking a claim for compassionate appointment under SRO 43 of 1994, the appellant was appointed as Assistant Sub-Inspector in the Jammu and Kashmir Police by order, dated 17.11999. The appellant accepted the said appointment and is serving in Police Department. He made a representation to the respondents for his appointment on the higher post of Inspector on compassionate grounds in view of his educational qualification and status of the family on the analogy of one Shelly Singh who was given appointment as Sub-Inspector based on his qualification on compassionate grounds. The representation having not been decided, the appellant preferred the writ petition with the above referred prayer.

(3.) The learned single Judge, taking note of the fact that appellant has accepted the post of Assistant Sub-Inspector without any protest and the compassionate appointment having become complete, dismissed the writ petition by order, dated 28.10.2016 against which order this appeal is preferred by contending that the learned single Judge has not taken into consideration the fact of appointment of similarly situated persons as Inspectors/Sub-Inspectors and it was only in the case of the appellant that Sub-Inspector post was not given to him and therefore the discrimination meted out to the appellant has not been considered in its right perspective.