SWP No. 736/2009 Page 1 of 3 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 736/2009 MP No. 986/2009 Date of order: 26.12.2017 Mukesh Kumar Vs. State and ors. Coram: Hon’ble Mr. Justice M.K Hanjura, Judge Appearance: For the petitioner (s): Ms. Veenu Gupta, Advocate. For the respondent(s) : Ms. Seema Shekhar, Sr. AAG. Whether approved for reporting? Yes/No. 1. By the medium of this petition, the petitioner seeks the endurance of this Court in appointing him to any post in any Government Department in the category of Class-IV employees on the same analogy as has been evolved in the case of his cousin, namely, Sanjay Kumar. 2. The case set up by the petitioner in the writ petition is that the petitioner while fighting with the militants, killed two of them at a time when the lives of the members of his family were put in a peril and therefore, as a mark of valour and effort exhibited by him he is entitled to be awarded with and appointed to the post under the aforesaid category on the lines similar to the one adopted in the case of his cousin, Shri Sanjay Kumar. It is further stated that the case of the petitioner was processed with that of his cousin but to his dismay the petitioner was not appointed to the post, which is violative of Article 14 of the Constitution of India. 3. In their objections, the respondents have resisted the claim of the petitioner on the grounds, inter alia that the incident on the basis of which the petitioner is seeking relief on misconceived and flimsy grounds took place in the year 1994 and the petitioner has filed the writ petition in the year 2009. On 19.05.1994, some militants attacked village Goha (Kahaljugasar) and during the encounter two militants were killed by the locals of the area. Some arms and ammunition SWP No. 736/2009 Page 2 of 3 were also recovered from them. These were handed over to the army. After the aforesaid incident, the inhabitants of the area left the village and migrated to Chamba area of the State of Himachal Pardesh due to the fear of retaliation by the militants. After their migration, the militants set on fire nine residential houses, one shop and three water mills situated at village Goha (Kahaljugasar). Out of the aforesaid property, set on fire by the militants one house, one shop and one water mill belonged to the grand father of the petitioner, namely Kartar Singh. The Deputy Commissioner Doda vide order No. 575-80/IR/D dated 18.07.1994 sanctioned an ex-gratia relief of Rs. 1,69,237/- in favour of the victims of the aforesaid village which included Rs. 35050/- as an ex-gratia relief in favour of the grandfather of the petitioner, Shri Kartar Singh on account of the damage caused to his property by the militants. The gutted houses of the victims were re-built by the army. Kartar Singh moved an application before the Deputy Commissioner, Doda incorporating the request to appoint his son namely, Bansi Lal as a Class –IV employee in any government department and the grant of reward in his favour for killing two militants and handing over their arms and ammunition to 17 RR. The respondent No.4 forwarded the application of Kartar Singh to the Divisional Commissioner, Jammu and as is borne out from the perusal of the available record. Neither the petitioner nor his grandfather ever made any application for the employment of the petitioner nor could they do so. The respondents accorded consideration to the case of the petitioner on the directions of the court and the petitioner was not found entitled to any government employment on account of the militant related incident and his case was accordingly rejected. The petitioner is seeking his appointment on the analogy of Shri Sanjay Kumar allegedly appointed in Police department. However, he has failed to explain as to how and on what basis Sanjay Kumar was appointed as a constable in the Police Department. In the premises it has been prayed that the petition of the petitioner is meritless and may accordingly be dismissed. 4. Heard and considered. SWP No. 736/2009 Page 3 of 3 5. The petitioner is said to be 23 years of age on the date of filing the instant petition. The occurrence in which two militants were killed relates to the year 1994, meaning thereby that the petitioner was approximately 8 years of age at the time of the occurrence. There is nothing on record from the perusal of which it could be concluded that the petitioner had any role to play in eliminating the militants. The order of the appointment of Shri Sanjay Kumar has also not been placed on record so that it could be seen as to how and in what manner the petitioner is similarly circumstanced with him. Annexure (A) attached to the petition which is a communication of the Deputy Commissioner, Doda addressed to the Divisional Commissioner, Jammu states that Kartar Singh, the grand-father of the petitioner moved an application before the Deputy Commissioner, Doda for adjustment of his son Bansi Lal as against a Class-IV vacancy in any government department. The said communication on the face of it appears to be based on the fact that the house of Kartar Singh was attacked by the militants and it was he who retaliated and killed two militants. It does not spell out anywhere that the petitioner who was a small child at the time of the occurrence made any effort in that direction. It does not state anywhere that the case of the petitioner was also processed along with his cousin. There is no material on record to state that the state had at any point of time made any promise to appoint the petitioner against the post of Class (IVth) category. Therefore on the basis of the material available on record, the court cannot assume or presume that the petitioner has in any manner succeeded in carving out a case in his favor. The petition appears devoid of merit. It entails dismissal as a consequence of which the same is dismissed along with the connected MP. (M. K. Hanjura) Judge Jammu: 26 .12.2017 Surinder-II