2008 AIR SCW 5421 ::(2008) 118 FacLR 883 ::2008 (9) SCC 24 ::(2008) 11 Scale 29 ::(2009) 1 ServLJ 202 ::(2008) 106 Cut LT 778 ::(2009) 1 Lab LN 467 ::(2008) 4 SCT 62 ::AIR 2009 SC (Supp) 615 ::(2008) 72 AllIndCas 256 (SC)

Supreme Court Of India

(From : 2003 Lab IC 2372 (Jammu and Kashmir))

Hon'ble Judge(s): C. K. Thakker, Lokeshwar Singh Panta , JJ

Jammu and Kashmir Police Act (2 of 1983 Smvt.) , S.43— Jammu and Kashmir Police Manual , Chap.VII Regn.174— Appointment - Representations by several Constables (appellant and others) requesting authority to appoint them to post of PSI - All cases sent by Chief Minister to Director General of Police for recommendation who refused to recommend cases except one - Similar petition filed by another constable coming up for consideration before single Judge of High Court which was allowed - Judgment and order of single Judge confirmed by Division Bench and even by Supreme Court - No distinguishing feature shown between case of other constables and appellant's case - Single Judge in petition filed by appellant following such decision and allowing petition - No illegality. 2003 Lab IC 2372 (J and K), Reversed. Constitution of India , Art.16— (Para 14 15 16 18) .....