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Judgment
The respondent No. 3 vide PHQ order No. 3171 of 2010 dated 30.09.2010 accorded sanction to the appointment of the petitioner as Follower in the Jammu and Kashmir Armed Police in relaxation of his qualification under SRO 43 of 1994 subject to his fitness in all respects and clearance from CID Headquarter. Subsequently Commandant JKAP 13th Bn, Humhama vide his order No. 357 of 2011 dated 22.07.2011 formally appointed the petitioner as Follower (COOK) against the clear vacancy. It may be noted that at the relevant time, the petitioner was middle pass.
The grievance projected by the petitioner in this writ petition is that subsequent to his appointment as Follower (COOK), the petitioner acquired his qualification of matriculation and therefore, became entitled to conversion as constable as per the policy of the respondents. He also claims to have approached the Minister Incharge, Home Department with his grievance but the same was not adequately addressed by the Hon'ble Minister. Having failed to persuade the respondents to concede to his request, the petitioner filed the instant writ petition.
The respondents have filed their objections and have inter alia taken the plea that the petitioner was not entitled to make the representation directly to the Minister Incharge, Home Department ignoring the proper channel prescribed under rules. It is categorically submitted by the respondents that the petitioner, if aggrieved and otherwise entitled to his conversion under rules, was supposed to make representation to the concerned Commandant and it is for the concerned Commandant to consider and pass appropriate orders in accordance with the law.
Without going into the details of the grievance projected by the petitioner in this writ petition and keeping in view the response of the respondents, I am inclined to agree with the submissions made by the learned counsel for the petitioner that petitioner should be permitted to file representation along with supporting documents to the concerned Commandant under whom the petitioner is working and a direction is issued to him to consider the same and take appropriate decision in light of the rules and regulations obtaining on the subject.
Having heard learned counsel for the parties and perused the record, I am of the view that given the nature of the controversy involved and the relief prayed for, there is no necessity to formally admit this writ petition.
Accordingly, this writ petition is disposed of, at this stage, by providing that the petitioner shall, make a representation supported with documents to the Commandant concerned projecting his grievance with regard to his conversion from the post of Follower (COOK) to the post of Constable. The Commandant, under whom the petitioner is working, shall consider the same on the touch stone of the policy of the respondents with regard to the conversion of Follower(COOK) into Constable and take appropriate decision thereon as may be warranted under rules within a period of two months from the date a certified copy of this order is served upon him.
It is, however, made clear that this Court has not expressed any opinion on the merit of the controversy or the grievance projected by the petitioner in this writ petition.
Disposed of.