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| Measurement of constables after 11 years | | HC resolves controversy | | Early Times Report
Jammu, August-22 (JNF):- In a rare case where the measurement of height for the selection of constable in the police was conducted three times by the direction of High Court. In the petition it has been submitted that Harjeet Kumar who was appointed on compassionate grounds as constable in J&K Armed Police vide order of DGP issued on
February 20, 2001, but he was not permitted to join for his height was found less than 5feet 6 inches, aggrieved by the order of the state, he filed petition in the state High Court, the petition was disposed of on July 31, 2002 with the direction to the Registrar Judicial of the High Court to get height measured of Harjeet Kumar from Incharge
Security High court Jammu. The Incharge Security reported regarding the height as 5-5 ½ feet but less than 5’-6’’ feet. The appointee again approached the court in the year 2002 complaining non-compliance of the direction of the Court. High Court in terms of consensuses between the parties the question was as to whether the respondent was
entitled to join his appointment, could be resolved by getting the measurement afresh by Incharge Security High Court and in case his height was found less than 5’-6”, he would withdraw the petition. The registrar Judicial was again directed to get the measurement by Incharge Security High Court Jammu Wing who furnish his report in this respect indicating that the respondent’s height was found him to be 5-6 ¼ feet, the state was allowed time to file objection to the report, however state has not filed objection. Writ Court directed State to permit him to join and treated him to have been appointed
with effect from February 20, 2001. The respondents were however held disentitled to monetary benefits. Aggrieved by the order of Writ Court, State filed this LPA in the state High Court.
Division Bench of State High Court comprising Justice Virender Singh and Justice JP Singh after hearing AAG Gagan Basotra for the appellants whereas Sr. Adv SS Lehar assisted Adv Sudershan Kumar for the respondent (appointee), resolved this controversy after about 10 years with the observations that the issue being purely
factual in nature was agreed by the state and petitioner to be resolved by taking appointee’s measurement regarding his height a fresh in presence of Deputy Registrar of High Court and fresh measurement of the appointee indicates that he possessed height more than one prescribed entry in the police service. The State was allowed time to file objection, if any to measurement of appointee taken by the Incharge Security High Court Jammu Wing. It however opted not to object the measurement taken by the officer appointed by the High Court. With these observations DB dismissed appeal filed by State. JNF
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