Excelsior Correspondent
SRINAGAR, Jan 31: High Court held that without initiating process for ousting an illegal appointee, authorities can’t withhold his/her service benefits after allowing him/her for a long period in service on the ground that the basic appointment was illegal.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed the appeal of Government filed through Principal Secretary to Government, Housing and Urban Development Department and other officials contending therein that the employee-Gulzar Ahmad Khan was illegally appointed in 1999 and his regularization in 2007 was also illegal, therefore, he was not entitled to any relief.
He was initially appointed as a driver on consolidated basis for Rs. 1,000 per month by the Administrator of Municipal Council, Baramulla in terms of order dated 31.05.1999 and subsequently, his services were regularized in terms of order dated 31.12.2007 but his service book was not being updated compelling him to approach the court.
The Writ Court directed the authorities to reconstruct his service book and make all necessary entries therein in accordance with the applicable rules, and consequently release all the retiral benefits, including the arrears thereof in his favour within a period of two months.
On account of failure on part of the appellant-authorities to comply with the directions issued by the Writ Court, the appellant-authorities have been held liable to pay interest at the rate of 7% per annum from the date the retiral benefits and arrears became due to the respondent till actual payment thereof.
His counsel while opposing the appeal of authorities submitted that till date no charge-sheet has been filed against his client and further that they never proceeded against the employee-Khan while he was in service and rather allowed him to attain superannuation.
“This is an admitted position that the employee-Khan attained the age of superannuation during the pendency of writ petition. Furthermore, no such proceedings were ever initiated by the appellant-authorities during his tenure. There is nothing on record to demonstrate that any judicial or departmental proceedings are currently pending against him”, the bench said by adding with “Having allowed the employee to serve for nearly 25 years, it is now too late for the appellant-authorities to contend that his appointment was illegal. Had that been the case, appropriate proceedings for termination of his services ought to have been initiated at an earlier point of time”.
With the considered view the bench directed the authorities to reconstruct his service book and make all necessary entries therein in accordance with the applicable rules, and consequently release all the retiral benefits, including the arrears thereof in his favour within a period of three months.
“In the event the appellants fail to comply with the directions issued by the Writ Court within three months from today, respondent-employee shall be entitled to interest on all retiral benefits and arrears at the rate of 6% per annum. Such interest shall be calculated from the date the respondent first became entitled to these benefits until the date of actual payment”, DB further directed.
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