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2008 Supreme(J&K) 377

SUNIL HALI
Bimal Indu Sharma – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Sethi
Advocate For Appellant: C.S. Azad
Advocate For Respondent: S.C. Gupta
Advocate For Respondent: Mandeep Reen

1. Petition is admitted to hearing and with the consent of the learned counsel for the parties is taken up for final disposal.

2. The petitioner is brother of Varinder Sharma who was working as Sub Inspector in the J&K Police Department and died on account of road accident alongwith his wife. At the time of his death, Varinder Sharma was working as Sub Inspector in the J&K Police. Petitioner being the brother of the deceased sought his appointment on compassionate ground under SRO 283 of 1991. Petitioner claims that he is Law Graduate and was required to be appointed suitably against an available vacancy in the Police Department.

3. Petitioner was appointed as Assistant Sub Inspector (ASI) in the J&K Police Department on 28-4-1994. The contention of the petitioner in the writ petition is that his appointment order as ASI in the J&K Police was not suitable as required under rules more particularly when similarly situated persons were appointed as Sub-Inspectors in the J&K Police. Petitioner has placed on record the appointment order of respondents 4 to 6. Respondent -5 was appointed as Sub Inspector though he was only a Graduate. The same holds for other two private respondents. How








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