HC imposes Rs 55,000 cost on CE

Excelsior Correspondent
JAMMU, May 24: High Court has imposed cost of Rs 55000 on Chief Engineer Generation Power Development Corporation.
The cost was imposed in a petition filed by Jai Krishan and others seeking directions to the official respondents to regularize their services and enhance their salary retrospectively with effect from 14.09.2005.
After hearing Advocate Abhinav Sharma appearing for the petitioners, Justice Tashi Rabstan observed, “official respondents have admitted that the State Power Development Corporation has no statutory rules of its own and has been following the rules of the Government which means that the case of petitioners was covered under Order No.1423-GAD of 2009 dated 14.10.2009 as admitted by official respondents, who had even forwarded their case to General Administration Department”.
While allowing the writ petition, the High Court directed the official respondents to regularize the services of petitioners against the post of Helper with effect from the date services of private respondents came to be regularized. It was made clear that the petitioners shall be entitled to all consequential benefits including monetary benefits etc with effect from the date services of private respondents came to be regularized.
“Before parting, it needs to be emphasized that petitioners as well as private respondents came to be appointed on contractual basis in August 2002 as Helpers and Shift Engineers/Junior Engineers respectively vide the same item number. However, the services of respondents came to be regularized vide order dated 16.01.2010 whereas the services of petitioners were not regularized without any rhyme and reason despite the fact the official respondents time and again had been extending their contractual appointment right from August 2002 till May 2010”, High Court said.
“When the petitioners filed the present petition, in order to justify their stand, official respondents have made a wrong statement in the objections that the petitioners were not appointed on contractual basis, rather their appointments were on need basis, which statement was certainly contradictory to the factual position”, Justice Rabstan observed.
Accordingly, High Court imposed cost of Rs 55,000 on the Chief Engineer Generation to be deposited in the Registry within a period of two months from today. “On deposit, the same shall be released in favour of petitioners in equal proportion after proper verification and identification”, High Court said.
“It is made clear that in case Chief Engineer Generation fails to deposit the cost within the fixed period, Registrar (Judicial) shall frame a separate robkar against him for defying the orders of court”, Justice Rabstan directed.


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