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Sukhwinder Kaur v. The Secretary Irrigation and Power and o - CWP-13473-2006 [2006] RD-P&H 5378 (8 August 2006)

C.W.P. NO. 13473 OF 2006

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Sukhwinder Kaur versus The Secretary Irrigation and Power and others PRESENT: Mr. Sukhbir Singh, Advocate for the petitioner.

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J.S.Khehar, J. (oral)

Consequent upon the death of the brother of the petitioner at the hands of terrorists, the petitioner was appointed as Research Assistant Grade B on compassionate grounds vide order dated 2.2.1990 (Anneuxre P2). The grievance of the petitioner is that the petitioner ought to have been appointed as Research Assistant Grade A on account of the fact that persons similarly situated as the petitioner who also possessed similar qualification as the petitioner, were allowed appointment on compassionate grounds against the higher post of Research Assistant Grade A. It is, therefore, vehement contention of the learned counsel for the petitioner that the respondents have discriminated against the petitioner while appointing her against the lower post of Research Assistant Grade B.

It is not possible for us to accept the aforesaid contention of the learned counsel for the petitioner. The issue of discrimination does not arise in a case wherein an order is passed in favour of an individual as a concession, and not as a right. That apart, the illustrative instances depicted by the petitioner relate to appointment made on compassionate grounds in the years 1995 and 2001. whereas, the petitioner was appointed in the year 1990. There is, therefore, hardly any justification to raise a plea of discrimination in respect of appointments made so far apart from the date of appointment of the petitioner.





August 25, 2006 Judge



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