Excelsior Correspondent
SRINAGAR, Feb 24: High Court has pointed out that the authorities of Resident Commissioner Delhi are utilizing the services of Chowkidars as drivers and not paying them the salaries attached to the said post despite the recommendation made in this regard and dismissed their appeal challenging the retrospective effect granted to them.
The Division Bench of Justice Tashi Rabstan and Justice Sanjay Dhar dismissed the appeal of the department saying that there is no infirmity or illegality in the writ court verdict as such the appeal is without any merit.
The writ court had directed the department to regularize the driver Nissar Ahmad Kumar against the vacant post of driver retrospectively from the date he has been performing his duties as driver. Kumar was initially engaged as Chowkidar but work of driver was extracted from him by department.
The DB said in a welfare state, Government is expected to act as a model employer and not as an exploiter of workers. “We have come across from the perusal of the record that the department has been utilizing the services of Chowkidars including the petitioner and other similarly situated employees for discharging the duties of drivers for years without paying them the salaries attached to said post in-spite of recommendations of officers”, reads the judgment.
Court said, it is clear that the department was not justified in not releasing the pay and perks attached to the post of driver in favour of the petitioner-Kumar from the date he has been discharging duties as such under directions of his superiors.
Court further added that the department does not deny the fact though they have disputed the competence of the officer who has issued the certificate to this effect and there should not be any difficulty for them to determine the relevant date.
Court with regard to single judge order said the writ court has reached a conclusion that the petitioner-Kumar is entitled to similar relief and treatment as has been accorded to other employee of the department. “The finding of the single judge in this regard is quite lucid and well reasoned and does not call for any interference from this court”, DB added.
The claim of the petitioner-Kumar was rejected for regularization on the post of driver on October 2017 compelling him to approach the court in order to challenge the same and the said order was quashed the by writ court with the direction on the department to regularized him against the vacant post of driver from the date he had been performing his duties as driver.
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