VINOD KUMAR Vs. STATE TH. HOME DEPTT
LAWS(J&K)-2020-3-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 11,2020

VINOD KUMAR Appellant
VERSUS
State Th. Home Deptt Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)The petitioner is aggrieved and has challenged order No. 1654 of 2013 dated 20.06.2013 issued by Director General of Police, J&K Srinagar, read with order No. 311 of 2014 dated 24.05.2014 issued by the Superintendent of Police, Doda to the extent the petitioner has been appointed prospectively and has not been given retrospective effect to his appointment from 10.02.2011 on which date the other candidates were appointed vide order No. 52 of 2011 dated 10.02.2011.
(2.)Briefly stated, the facts of this case are that pursuant to an Advertisement Notification issued by respondent No. 2 vide its No. DIP/J-298 dated 07.04.2010, the petitioner applied for the post of Constable in District Doda. The selection process was concluded, but the petitioner was not selected due to erroneous measurement of his height. The petitioner filed an appeal before the respondents for correcting the measurement of his height. He claimed that he was more than 5'-10', whereas his height recorded in the selection record was 5'-9 ¾'. The appeal was considered by respondent No. 2 and on his direction the petitioner was re-measured and it was found that the actual height of the petitioner was 5'-10 ½' and therefore, he was entitled to one additional point.
(3.)The petitioner was found to have obtained 25 points which was higher than the cut-off in the selection i.e. 24 so far as district Doda was concerned. Accordingly, the petitioner was appointed by respondent No. 2 vide PHQ order No. 1654 of 2013 dated 20.06.2013 prospectively. In compliance to the aforesaid order and after conducting the verification of the character antecedents of the petitioner, respondent No. 4 issued a formal order of appointment in favour of the petitioner vide order No. 311 of 2014 dated 24.05.2014.
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