JAMMU, Aug 1:Central Administrative Tribunal, Jammu Bench Comprising Rajinder Singh Dogra (Judicial Member) and Ram Mohan Johri (Administrative Member), has directed the Jammu and Kashmir Government to issue a formal appointment order to one Narinder Paul Choudhary, a candidate selected for the post of Draftsman (Civil) in 2005, after an inexcusable delay of nearly 15 years.
The Tribunal also imposed a penalty of Rs 50,000 on the authorities for prolonged inaction and defiance of judicial orders.
The petitioner's prolonged suffering and denial of appointment for over fifteen years is an outcome of such negligent conduct. Accordingly, CAT directed the respondents to issue the appointment letter to the petitioner.
Further, the petitioner shall be granted notional seniority effective from the date on which similarly situated candidates from the same advertisement were appointed, ensuring the petitioner's service record is regularized in parity with his peers.
In addition, we impose a cost of Rs. 50,000 on the respondents for their blatant disregard of the orders of the High Court and for the avoidable delay and harassment caused to the petitioner.
The whole exercise shall be undertaken within a period of eight weeks from the date of receipt of certified copy of this order. CAT further said that this cost imposition is necessitated by the respondents' willful non-compliance and their evident disrespect towards the judicial process.
CAT further ordered that to protect public funds, the cost amount shall initially be borne by the Government, which shall thereafter recover the same from the salary or pension of the erring official(s) responsible for this gross negligence and mal-administration that resulted in the petitioner's harassment spanning over fifteen year.
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