Decided on March 11,1999

Tariq Ahmad Ganai Appellant
STATE OF J AND K Respondents


- (1.) Brief facts of the case are that petitioner's father was killed by the militants while in active service as Assistant Sub inspector of Police post of Assistant Sub Inspector of police on compassionate ground. His application was proceeded in department of home affairs and proposal to appoint him on the 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 accept 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:-"Sanction is accorded to the appointment of Shri Tariq Ahmed Ganai s/o Late ASI Mohammed Maqbool Ganai No.2939/NGO R/O Sheerabad, Pattan as Head Constable (Executive) against the available post in the available post in the J and K Police Organisation on compassionate grounds in terms of SRO 43OF1994dt.22.2.194. After accepting the appointment as Head Constable, petitioner has come up with the plea that the Government, having appointed M/S I.Brehm Dev Singh 2. Nasir Ahmed 3. Rattan Lal Koul 4. Arun Jamal and 5. Tan veer Jeelani on the posts of Assistant Sub Inspector and above, on compassionate grounds, he could not be singled out for a different treatment. But relief claimed by him is not cancellation of orders of appointment of the aforesaid persons but that he also be appointed Assistant sub-Inspector of police.
(3.) Mr. Beigh, 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 Articles 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. Beigh can be removed only by appointing the petitioner on the post of Assistant Sub Inspector of police.;

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