SEWA RAM Vs. GAZNAFAR HUSSAIN

JUDGEMENT

(1.) The present contempt petition has been filed by the petitioner for non implementation of judgment and order dtd. 11/12/2015 passed in SWP No. 2420/2015, whereby the writ petition was disposed of with the direction to the respondent No. 2 to consider the case of the petitioner for compassionate appointment under SRO 43 of 1994 in lower cadre post i.e. class IV as per his qualification.

(2.) The Deputy Commissioner, Kishtwar-respondent No. 2 has filed compliance report 15/11/2018, contending therein that owing to creation of a separate district of Kishtwar, appointment case of the petitioner in terms of SRO 43 was transferred to the respondent's office in the year 2008 and during the same year the academic qualification for the post of class IV was raised from Middle to Matric and 10+2 vide SRO 199 of 2008 dtd. 4/7/2008. However, the Deputy Commissioner, Kishtwar vide communication dtd. 18/8/2009 submitted the case of the petitioner to the respondent No. 1 i.e. General Administration Department for consideration of relaxation in qualification bar. The General Administration Department vide order No. GAD/Mtg/III/57/2009 dtd. 11/11/2009 rejected the case of the petitioner. The observation made by the General Administration Department as produced in the paragraph No. 3 of the compliance report is extracted here under:-

(3.) It is further contended in the compliance report that the respondents have sanctioned Rs.4.00 lacs as one time cash compensation in lieu of appointment in Government service but the petitioner declined to receive the said cash compensation. The compliance further averred that due to qualification bar the claim of the petitioner could not be considered.