MOHD. MUZAMMAL KHAN Vs. STATE OF J&K AND OTHERS
HIGH COURT OF JAMMU AND KASHMIR
Mohd. Muzammal Khan
State of JAndK and others
Click here to view full judgement.
Sindhu Sharma,J. -
(1.)Petitioner's father was working in the Education Department and died in harness in the year 2006. Petitioner applied for compassionate appointment under SRO 43 of 1994 against any available post of Class-III in terms of the provision of aforesaid SRO in District Poonch so as to enable him to provide sustenance to his family. After consideration of his application, an appointment order was issued in his favour on 26.03.2010 by Chief Education Officer, Poonch as Laboratory Bearer i.e Class-IV post in Higher Secondary School, Chhatral .
(2.)Petitioner immediately, thereafter approached respondent No. 3 by submitting a representation stating that he is entitled to any post of Class-III, therefore, he should be considered and appointed to the post of Class-III, which would be commensurate with his qualification and also in terms of compassionate appointment Rules. He again sought consideration by submitting representations to the Director School Education on 26.06.2012, 14.11.2013 as well as on 12.08.2014. Since his representations were not considered for appointment as Laboratory Assistant, therefore aggrieved of the same, petitioner has approached this Court.
(3.)Reliance is placed by him on the order dated 17.05.2003 passed by Director School Education in compliance to the judgment of this Court dated 12.06.2002 pursuant to which one, Riaz Ahmad was appointed as Laboratory Assistant in modification of his earlier order. It is also submitted that the petitioner's case is similarly situated person and yet he has been denied the benefits of his appointment in Class-III category, as such, he seeks parity with similarly situated person.
Copyright © Regent Computronics Pvt.Ltd.