HC dismisses appeal of Kargil porters seeking appointment

Excelsior Correspondent
SRINAGAR, Dec 4: High Court has dismissed the appeal of various persons seeking appointment as Tradesmen in Indian Army on the ground that they assisted the army during Kargil war in 1999.
The appeal was preferred by these persons against the order dated 03.07.2019 passed by the single judge in which a bunch of petitions involving similar issues, were dismissed.
The appellants claim that they were engaged as porters by the authorities to assist the Army during Kargil war, way back in the year 1999 and vide notification dated 17.02.2017, advertisement was issued for recruitment to various posts, they were not given any preference in the process of selection as they had served the country at the time of need, they deserve to be given preference.
Referring the judgment of the court titled as Union of India versus Ram Lal and others decided on February 10, 2016, in which it was held that preference deserves to be given to the candidates who had served in Kargil war, the Division Bench of Justice Rajnesh Oswal and Justice Sanjay Dhar after hearing the appellants did not find it proper to interfere with the writ court decision on the ground that the appellants remained quite after they were engaged for short period as porters during “Operation Vijay” in 1999.
Secondly they filed the writ petition in this court 18 years thereafter, seeking concession in recruitment in the Army. “The same was highly belated as there is nothing on record to suggest that prior to 2017 they filed any other petition for this relief”, DB said.
The DB said that any relaxation in rules has to be in terms of the provisions in the rules or regulations and by the competent authority. Court also noticed that the appellants were merely working as porters, whereas the posts advertised were of the tradesmen.