Late Ghulam Rasool Dar, father of the petitioner, was serving as Head Constable under belt No. 31/AWP in the respondent department and died in harness in the year 2001.

2. Petitioner possesses M. Sc. de­gree, had applied for compassionate appointment under SRO 43 of the 1994 against the post of Sub Inspector. The respondent No. 4, after considering his case, informed IGP, Kashmir that he can be given the post of Constable (Op­erator), in case he is willing to join, written consent be obtained. Petitioner had resisted the same but he was in­formed vide communication dated 08.07.2002 that he can only be consid­ered for the post of Constable in J&K Police, in case he is not willing for the post, then he will forfeit his claim un­der SRO 43. Finally vide order No. 836 of 2002 dated 09.12.2002, issued by Superintendent of Police, Telecom, Kashmir Range Srinagar, petitioner has been appointed as Constable Op­erator in J&K Police Telecom Organi­zation against clear vacancy in the pay scale of Rs. 2750-70-3000-75-4400 plus usual allowances as admissible under rules.

3. Petitioner accepting the appoint­ment has joined but after a gap of five years, from the date of his appoint­ment, h