TARIQ AHMAD GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) BRIEF facts of the case are that petitioners father was killed by the militants while in active service as Assistant Sub Inspector of Police. Soon after his death, petitioner applied for his appointment as Assistant Sub Inspector of police on compassionate ground. His application was processed in department of home affairs and proposal to appoint him on the post of Assistant Sub Inspector of police in relaxation of qualification and mode of recruitment was submitted for consideration of the appointing authority.

(2.) HOWEVER , the competent authority to make such appointment did not accent the proposal which involved relaxation not only of mode of recruitment but also qualification, but approved his appointment as "Head Constable and consequently Govt. Order No, 323(p) of 1995 dated 17.10.1995 came to be issued which reads: -

(3.) MR . Beig, the learned advocate appearing for the petitioner submitted that state cannot discriminate in the matter of compassionate appointments by offering higher posts to some and lower category of posts to others in case of similarly situated persons as this offends the mandate of Article 14 and 16 of the Constitution. Since the petitioner has not been given the same treatment which was given to the other similarly placed persons. The discrimination according to Mr. Beig can be removed only by appointing the petitioner on the post of Assistant Sub Inspector of police.