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J&K: DB imposes costs on Govt for unnecessary litigation : Dismisses its Appeal


J&K: DB imposes costs on Govt for unnecessary litigation : Dismisses its Appeal

Srinagar, Dec 9: The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar imposed costs of Rs. 10000 on Sports department for filing of an appeal against the writ judgment whereby the concerned authorities were directed to offer an appointment to the post of Driver to one Ravinder Singh of Tral Pulwama.

The Division Bench said that it has gone through the writ court judgment which is legally perfect and there is no need to interfere with the same more so the counsel appearing for the department has fairly conceded before the court that the aggrieved candidate-Singh has been appointed to the post in question.

The notification for the two posts of driver was issued in the year 2013 by the J&K Sports Council and the aggrieved candidate along with other one submitted their candidature.

The other candidate from Jammu Division was offered appointment to the post of Driver-II on the ground that he had been serving the department for several years as daily wager and performing his duty as driver.

The selection vis-a-viz the post of Kashmir Division was kept in abeyance, thus denying the appointment to aggrieved candidate, compelling him to approach the writ court and the department contended before the writ court that he was not offered the appointment to the post in question due to certain changes in selection procedure but the writ court found no justification in the stand taken by the department.

The Division Bench dismissed the appeal Secretary, Youth Services & Sports with exemplary costs of Rs 10000 which the court said to be paid by them to the aggrieved candidate.

The court observed that the appeal is an unnecessary litigation after having regard to the frivolity of defence taken by the department before the writ court.

 

 


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