*Passes strictures against Govt
Excelsior Correspondent
JAMMU, Sept 29: High Court has imposed a cost of Rs 1 lakh on the Government officials for harassment of the petitioner and directed that the same be paid to the petitioner by the employer before December 30, 2020.
This significant order has been passed in a petition filed by Irshad Ahmed Malik seeking a direction to the respondents to modify the order of his appointment on compassionate basis by granting him notional/retrospective benefits from the date he should have been appointed.
“The conduct of the officers/officials had been to compel the petitioner to approach the court time and again and indulge in avoidable litigation, like a shuttle cock from the court to Government and back to court and so on”, Justice Rajesh Bindal said, adding “the amount of cost shall be recovered from the guilty officer(s)/official(s) and enquiry for the purpose be held and responsibility fixed, before payment of the amount to the petitioner on or before the date fixed”.
The relief was not granted to the petitioner immediately after SLP filed by the Government was dismissed by the Supreme Court; not even after the contempt petition was filed but after a representation was made by the petitioner to the Governor of the then State of Jammu and Kashmir.
“The contention raised by counsel is that the petitioner had been made to suffer on account of illegal action by the authorities by not granting him compassionate appointment immediately after his brother died. He was compelled to knock the doors of this court time and again. It was more than 14 years after the Special Leave Petition filed by the Government was dismissed that the letter of appointment was issued on 26.04.2016. For a period of more than 15 years, the petitioner was compelled to wait. As a result he lost all the benefits which accrued to him if he been granted appointment earlier”, High Court said, adding “hence, he deserves to be granted notional benefits at least from the date, first time his case was rejected by the authority— 29.11.2007”.
“It is a settled law that appointment on compassionate basis is not a matter of right rather it is a concession given to the family of the deceased to come out of harness on account of death of bread earner in the family. It is not an additional source of recruitment. In the present case, admittedly, the brother of the petitioner died on 23.05.2000. Delay in such cases is fatal in many cases. No question arises for giving him the benefits from the date chosen by him, only because the Government had not given him appointment at the time he wished”, the High Court said, adding “this case is not fit for granting the relief prayed for by the petitioner as without working on the post in question, his appointment cannot possibly be anti-dated for about 15 years and all benefits granted to him”.
Passing strictures against the Government, Justice Bindal said, “this is a glaring example of the attitude of the officers working in different departments. The tendency is not to comply with the court orders. Even the cases, where the orders have been upheld up to the Supreme Court, the same are not complied with”.
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