Deep Shikha Suri vs State And Ors. on 2 February, 2018

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Jammu & Kashmir High Court

Deep Shikha Suri vs State And Ors. on 2 February, 2018

Bench: Ramalingam Sudhakar

                                                                                                        1



Serial No. 07
Suppl. List-I
                             HIGH COURT OF JAMMU AND KASHMIR
                                         AT JAMMU

           SWP No. 140/2018, MP No. 01/2018
                                                                      Date of order:-02.02.2018
           Deep Shikha Suri                    Vs.                           State and ors.
           Coram:-
                     Hon'ble Mr. Justice Ramalingam Sudhakar, Judge.
           Appearance:-
           For the Petitioner(s):              Mr. Mohd. Latif Malik, Advocate.
           For the Respondent(s):              Mr. H.A. Siddiqui, Sr. AAG.

i) Whether approved for reporting in Yes/No Law Journals etc.:

           ii)    Whether approved for publication
                  in Press:                                                         Yes/No

1. Notice. Mr. H.A. Siddiqui, learned Sr. AAG accepts notice on behalf of the respondents.

2. Going by the nature of relief sought for, petition is admitted to hearing and with the consent of learned counsel for the parties, same is taken up for final disposal.

3. In the instant writ petition, the petitioner seeks the following reliefs:-

"(i) To issue the directions to the respondent No. 2 to consider the case of the petitioner for being appointment as Junior Assistant in the Department under SRO-43 on account of death of the father of the petitioner, who died while in active service by issuance of writ of Mandamus.

(ii) To issue directions to the respondent No. 2 to consider the representation submitted by the petitioner and appoint the petitioner as Junior Assistant in the Department under SRO-43, as Six Posts of Junior Assistant are still lying vacant in the Department by issuance of writ of mandamus.

(iii) To issue directions to the respondents to consider the case of the petitioner for appointment as Junior Assistant and give similar treatment to the petitioner, as has been done/given in the case of Miss. Mehjabeen D/o Late Mohd. Sultan Ahagnar R/o Kursoo Raj Bahg, Srinagar SWP No. 140/2018 a/w MP No. 01/2018 Page 1 of 3 2 and Sh. Vikram Singh Jaggi S/o Late Sh. P.S. Jaggi by issuance of mandamus.

(iv) To declare the act of respondents, by which respondents have not appointed the petitioner under SRO-43 on account of the death of the father of the petitioner as Junior Assistant and rather appointment as orderly and further the act of the respondents for sitting over the matter from the last more than three years to accord consideration to the case of the petitioner for appointment as Junior Assistant as illegal, arbitrary and against the provisions of constitution and against the principles of natural justice Act by issuance of writ of mandamus.

Or Any other writ, order or directions may be passed, as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

4. The case of the petitioner is that her father, namely, Kuldeep Kumar Suri was a government employee and was serving as Head Draftsman in the pay scale of 3900-34800 in S&D Division West Jammu. The petitioner pleads that her father died while he was in active service as Head Draftsman. The petitioner at the time of applying for job on compassionate grounds under SRO 43 was well qualified and was post graduate. She being eligible in all respects applied for appointment on compassionate grounds under the aforesaid SRO on account of death of her father, but the respondents instead of appointing her as Junior Assistant, appointed as Orderly despite the fact that the father of the petitioner was working as Head Draftsman. In this regard, the petitioner submitted a representation (Annexure-C) before the respondent No. 2, Chief Engineer, J&K, U.E.E. Department, Jammu, but the same has not been considered till date. Hence, the present writ petition.

5. Mr. H.A. Siddiqui, learned Sr. AAG appearing on behalf of the respondents fairly submits that the representation of the petitioner shall be considered by the respondents, as may be directed by this Court.

6. In this view of the matter, the writ petition is disposed of with a direction to the respondent No. 2 to accord consideration to the aforesaid representation submitted by the petitioner and decide the same SWP No. 140/2018 a/w MP No. 01/2018 Page 2 of 3 3 expeditiously, preferably within a period of four to six weeks from the date of receipt of certified copy of this order.

7. With the above observations, the writ petition is disposed of along with connected MP(s).

(Ramalingam Sudhakar) Judge Jammu 02.02.2018 Ram Krishan SWP No. 140/2018 a/w MP No. 01/2018 Page 3 of 3

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