MOHAMMAD AMIN RATHER Vs. S.P. VAID

JUDGEMENT

(1.) State Government had in pursuance of the policy decision which was reflected in the Government order No. Home/PB- III/62/G/2008 dtd. 9/6/2008, delineated criteria/procedure to be adopted for absorption of SPOs in Police Department. These instructions of the Government envisage the consideration of SPOs for absorption in Police Department on operational grounds only.

(2.) The petitioners, through the medium of the writ petition bearing SWP No.1218/2011, pleaded that they were not considered for their engagement as Constables even when the recommendations were made by the security wing for all the 40 SPOs(drivers). It was further pleaded that only six SPOs(now Constables) were engaged on compassionate grounds subject to their fitness in all respects and clearance from CID Headquarters. It was also the submission of the petitioners herein that they were similarly circumstanced but have been subjected to invidious discrimination and challenged the same through the said writ petition. The Court while considering the said writ petition i.e. SWP No.1218/2011, made reference of the judgment passed in SWP No. 1563/2009, wherein it has been enunciated that:-

(3.) Accordingly, the Court vide order dtd. 23/2/2012 passed in SWP No. 1218/2011 disposed of the said petition and directed that the relief given in SWP No. 1563/2009 shall be applicable to the petitioners therein also. Non-compliance of the said order constrained the petitioners to file the instant contempt petition.