Excelsior Correspondent
SRINAGAR, Apr 29: High Court while allowing the plea of a cop seeking higher post on compassionate grounds recorded that accepting a lower post under compulsion does not negate the original claim of petitioner-cop.
The petitioner-Irshad Ahmad Shah approached the court challenging the decision of the Central Administrative Tribunal whereby his claim for the post of Sub-Inspector under SRO 43 of 1994 has been refused.
The petitioner-Shah claims post of Sub-Inspector in J&K Police Department on compassionate grounds. Accordingly, on the request, for compassionate appointment as Sub Inspector in J&K Police under SRO 43 of 1994 by the petitioner-Shah was forwarded to the Department of Home, which was returned by the Department of Home to the PHQ to settle the case of the petitioner in terms of SRO 43 of 1994. Accordingly, the PHQ, called upon the Inspector General of Police, Kashmir Zone-Srinagar, to recommend the petitioner for appointment against the post of Constable in J&K Police.
Thereafter, the petitioner submitted an application to SSP, Anantnag, showing his willingness to be appointed as Constable in the J&K Police under SRO 43 of 1994. In view of the consent given by the petitioner, the PHQ, accorded sanction to his appointment as Constable in the J&K Executive Police under SRO 43 of 1994 subject to fulfilment of pre-requisite formalities.
The petitioner however, in the same year agitated his appointment as constable before the Tribunal, seeking quashing of his appointment as constable with further prayer that the respondent-authorities be directed to appoint him against the post of Sub Inspector on compassionate grounds under SRO 43 of 1994 as has been done by the Government with similarly situated persons.
The Division Bench of Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani disposed of the plea with the directions to the Police Department to place the entire case including communication of the DGP dated 12th August, 2021, before the Government in the General Administration Department for considering the request of the petitioner-Shah for his appointment as Sub Inspector in J&K Police in the light of the recommendations made by the DGP/PHQ and also on the analogy of similar appointments, if any, made during the previous years.
The court on receipt of the complete file and the material that may be requisitioned by the General Administration Department, directed for taking a decision on the request of the petitioner for appointment as Sub Inspector in the J&K Police in terms of sub-rule (2) of Rule 3 of the Rules of 1994.
“…mere acceptance of the Constable post as against the claim made for the Sub-inspector on compassionate grounds did not negate his original claim because it was made after a prolonged struggle and under duress,” the court recorded.
The court has further ordered that the complete file of petitioner shall be placed before the Commissioner/Secretary to Government, General Administration Department, within a period of four weeks from the date of this judgment and thereafter decision shall be taken by the Government in General Administration Department within a period of six weeks thereafter.
“Needless to say, that in case the Government, in the facts and circumstances of the case and the material on record, decides, in its discretion, to offer appointment to the petitioner against the post of Sub-Inspector, the same shall be prospective in nature”, reads the judgment.
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