Jammu & Kashmir High Court
Date Of Pronouncement :18.05.2026 vs Ut Of J&K & Ors on 18 May, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
2026:JKLHC-JMU:1588
Supplementary List-I
Serial No. 119
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1415/2026
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
ORDER
01. The 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.
02. The 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
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2026:JKLHC-JMU:1588
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.
03. The 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’.
04. This 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).
05. Mr. 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].
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2026:JKLHC-JMU:1588
06. Be 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.
07. Needful be done at the end of the respondent
No. 2-Commissioner, Jammu Municipal Corporation (JMC) by
or before 30.06.2026.
08. The 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).
09. The 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
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