PARVEZ AHMAD SHAH Vs. STATE OF J & K
LAWS(J&K)-1999-9-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 28,1999

Parvez Ahmad Shah Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

- (1.) Petitioner was appointed as Assistant Sub-Inspector in Jammu and Kashmir Police in relaxation of procedure and eligibility under Government Order No. HOME-165(P) of 1997 dated 30.4.1997, pursuant to Jammu & Kashmir Compassionate Appointment Rules, 1994 (SRO 43 of 94 dated 22.2.1994), hereinafter for short the Rules.
(2.) The petitioner is seeking appointment as Inspector from the date he was appointed and joined as ASI in the Police Department. It is pleaded that the petitioner has been appointed ASI, when two other persons Shri Shelly Singh and Shri Nazir Ahmad have been appointed as Inspectors in relaxation of the procedure and eligibility to the posts of Inspectors under the rules. He submits that he was similarly situated as these two persons, therefore, he could not be discriminated against and should have been treated likewise.
(3.) Respondents have filed their reply, wherein they have contended that the petitioner as also the other two persons have been appointed under the rules pursuant to compassionate policy of the Government to give employment to one of the family members of the Government employee, who has been killed inter alia in militancy related incident. The petitioner has no right to a particular post. The appointment of the other two persons to the post of Inspector has been in a wholly different situation and circumstances peculiar to those cases. The petitioner has not been discriminated against. He has been instead shown compassion in order to tide over the indigence of the family whose bread earner has been killed in militancy related activity.;


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