C. K. Thakker, J. - (1.) The present appeal is filed by the appellant-State against the judgment and order dated December 2, 2002 passed by the Division Bench of the High Court of Jammu and Kashmir in L.P.A. No. 131 of 2000. By the said order, the Division Bench of the High Court quashed and set aside the order dated July 15, 2000, passed by the learned single Judge in SWP No. 966 of 1999.
(2.) The facts in nutshell are that the father of Sajad Ahmed Mir respondent-applicant was working as the Lineman in Power Development Department (PDD), Civil Secretariat, Srinagar. He died on March 6, 1987 while in service. It appears that the applicant applied on September 20, 1991 for getting an appointment on compassionate ground against the vacant post resulted due to death of his father. It was the say of the applicant that his case was forwarded by the authorities with recommendation in 1993 to give him appointment on compassionate ground. It was also his case that the Administrative Department recommended to appoint the applicant after relaxation of qualification as well as in age. The matter was taken up by the Executive Engineer, Superintending Engineer as also by the Chief Engineer of the Civil Secretariat of the Power Development Department and the Administrative Department. According to the applicant, on or about June 8, 1999, the Administrative Department conveyed its decision to the Chief Engineer, Electric Maintenance and RE Wing, Srinagar that the request of the applicant could not be acceded to and no appointment could be given.
(3.) Being aggrieved by the said decision, a writ petition was filed by the applicant which came up for hearing before a single Judge. A detailed affidavit was filed by the authorities contending inter alia that the decision had already been taken in 1996 that compassionate appointment could not be given to the applicant and the said decision was communicated on March 26, 1996, whereas the writ petition was filed in 1999 and thus there was gross delay and laches on the part of the applicant in approaching the Court. It was also contended that the applicant was not eligible and qualified for appointment.;