Deepak Sardalia v. Ut of J and K Th. Commissioner Secretary Housing and Urban Development, Department Jammu and Others

ORDER

¶01The petitioner is aggrieved of non-response from the end of Jammu Municipal Corporation (JMC) and its decision makers with respect to the representation of the petitioner regarding his employment status.

¶02The petitioner came to be the beneficiary of compassionate appointment in terms of Jammu Municipal Corporation's Order No. 344 of 2019 dated 14.01.2019, whereby the petitioner came to be appointed as 'Disinfector' under SRO-43 of 1994 when his father, namely, Mani Ram Sharma, who was serving on the post of 'Supervisor' in Jammu Serial No. 119 Supplementary List-I

Municipal Corporation (JMC), had died in harness in the year 2017 leaving behind a widow and two sons and at that time the petitioner, being the eldest, having done his B.Tech in Electronics and Communication was constrained to ask for compassionate appointment.

¶03The petitioner's grievance is that he is seeking upgradation of his status on account of his educational qualification and also by reference to the fact that all along his services have been availed by different officials of Jammu Municipal Corporation (JMC) as a 'Personal Assistant'.

¶04This Court sees no adjudicatory content in this writ petition except that the petitioner has a right of knowing the fate of his representation submitted to none else than his own employer i.e., Jammu Municipal Corporation (JMC).

¶05Mr. Ravinder Gupta, learned AAG on the other hand submits that otherwise also the petitioner could not have been heard in the writ petition in view of the position of law settled by the Hon'ble Division Bench of this Court in its judgment dated 27.02.2026 in LPASW No. 145/2018 "State of Jammu & Kashmir & Ors. Vs Javaid Ahmad Ganai & Ors." and also of the Hon'ble Supreme Court of India's judgment in the case "The Director of Town Panchayat & Ors. vs M Jayabal & Anr." [2025 INSC 1423].

¶06Be that as it may, this Court is inclined to dispose of this writ petition at its inception stage by directing the respondent No. 2-Commissioner, Jammu Municipal Corporation (JMC), to consider the pending representation whatsoever of the petitioner or which the petitioner may like to supplement by submission of a fresh representation regarding his grievance.

¶07Needful be done at the end of the respondent No. 2-Commissioner, Jammu Municipal Corporation (JMC) by or before 30.06.2026.

¶08The petitioner is directed to submit a copy of this writ petition along with annexures to the respondent No. 2-Commissioner, Jammu Municipal Corporation (JMC), Town Hall, Jammu by or before 31.05.2026, whereupon 30 days time ending on 30.06.2026 shall start running with respect to consideration to come from the end of the respondent No. 2-Commissioner, Jammu Municipal Corporation (JMC).

¶09The present writ petition is, accordingly, disposed of.

(RAHUL BHARTI) JUDGE JAMMU

18.05.2026

Bunty

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Date of pronouncement :18.05.2026 Uploaded on : 20.05.2026 Deepak Sardalia …..Petitioner Through:- Mr. Ashwani Gupta, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- Mr. Ravinder Gupta, AAG. \ CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE