PARVEZ AHMAD BHAT Vs. STATE OF J&K
LAWS(J&K)-2006-6-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 06,2006

Parvez Ahmad Bhat Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THESE two writ petitions involve identical questions of fact and law, as such, I propose to dispose of both these petitions by a common judgement.
(2.) PETITIONER Parvez Ahmad Bhat S/O Late Ghulam Rasoll Bhat R/P Panzan, Chadura, on the death of his father, Late Ghulam Rasool Bhat, who was working as inspector in the Police Department, was given a compassionate appointment as Assistant Sub -Inspector (ASI), even though he had applied for the post of Sub -Inspector and his case was also recommended by respondent no. 2 to respondent no. 1 for relaxation of qualification and his appointment as Sub Inspector. Petitioner has also given instances of number of persons in the petition whose bread earner also died while in service, and they were appointed on higher post after relaxing their academic qualifications, but the case of the petitioner was not so considered. Thus on the basis of parity, the petitioner claims similar treatment.
(3.) PETITIONER Khurshid Ahmad Sheikh S/O Late Ghulam Nabi Sheikh R/O Khirmani Nand Ram, Khonabal, Handwara, on the death of his father Ghulam Nabi Sheikh who was working as Deputy Forester in the Forest Department, was given appointment on compassionate grounds as Forest Guard while as in the similar circumstances, respondents appointed respondent no. 4 as Forester, whose father also died in harness while working as Forester in the forest Department. Respondents have filed the counter in which they have stated that providing of appointment on compassionate grounds is entirely within the discretionary domain of the executive authority and the petitioners can not claim such appointment as a matter of right.;


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