Jammu & Kashmir High Court
Vijay Kumar And Others vs State Of J&K; And Others on 26 September, 2017
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No.2372/2017
MP No.01/2017 Date of order: 26.09.2017
Vijay Kumar and others
Vs.
State of J&K and others
Coram:
Hon'ble Mr. Justice Tashi Rabstan-Judge
Appearance:
For the petitioner(s): Mr. Mrinal Magotra, Advocate vice Mr. B.S.Slathia, Sr.
Advocate
For the respondent(s): None.
i/ Whether to be reported in Yes/No
Press/Media?
ii/ Whether to be reported in Yes/No
Digest/Journal?
(ORAL)
1. In this petition, the petitioners inter alia seek a direction in the nature of writ of Mandamus commanding upon the respondents to appoint them for the post of Porter in relaxation of age as well as qualification in 3 Porter Coy C/o 1 FOD, 56 APO and 108 Engg Reg, 110 Engg Reg, 116 Engg Reg, 270 Engg Reg and 26 Inf Div Ord Unit C/o 56 APO of Army on the analogy of appointment orders issued by respondent No.2 dated 09.02.2017 of similarly situated persons on the direction of this Court in SWP No.2823/2001 titled Ram Lal and SWP No.2372/2017 Page 1 of 3 others V. Union of India vide judgment dated 01.01.2010 which was upheld by Hon'ble Division Bench in LPA No.64/2014 titled Union of India v. Ram Lal and others vide judgment dated 10.02.2016; with a further direction to respondents to consider and appoint the petitioners as per own recommendation of respondents and in view of excellent service of the petitioners for the nation with their hard work as civilian porter in most difficult terrain in Kargil area (J&K) during their course of duty and also grant them all consequential reliefs in lieu thereof.
2. At this stage, learned counsel for the petitioners made a statement at the Bar that petitioners would feel satisfied in case this petition is disposed of at its threshold by directing the respondents to consider the claim of the petitioners for the post of Porter in relaxation of age as well as qualification on the analogy of appointment orders issued by respondent No.2 dated 09.02.2017 of similarly situated persons on the directions of this Court passed in SWP No. 2823/2001 titled Ram Lal and others V. Union of India and others vide judgment dated 01.01.2010 which was upheld by the Hon'ble Division Bench in LPA No.64/2014 titled Union of India v. Ram Lal and others vide judgment dated 10.02.2016. His statement is taken on record.
3. In view of the aforesaid submissions and at request read with the reasons assigned by this Court in order dated 01.01.2010 passed in SWP No.2823/2001 titled Ram Lal and others V. Union of India which was upheld by the Hon'ble Division Bench in LPA No.64/2014 titled Union of India v. Ram Lal and others vide judgment dated 10.02.2016, the writ petition is disposed of with a direction that in case respondents make appointment to the posts of Porter in future, the cases of the petitioners may also be considered by giving them preference over other candidates having rendered services of Kargil War Zone. It is further directed that while considering the SWP No.2372/2017 Page 2 of 3 cases of the petitioners, in case any of the petitioners who have crossed the age bar, the same shall stand relaxed.
4. With the aforesaid directions, the writ petition is disposed of along with connected MP(s).
(Tashi Rabstan) Judge Jammu 26.09.2017 'Madan' SWP No.2372/2017 Page 3 of 3