Rajesh Gupta
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 &
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 attained the age of superannuation during the pendency of writ petition & no such proceedings were ever initiated by the appellant-authorities during his tenure.
DB added that there is nothing on record to demonstrate that any judicial or departmental proceedings are currently pending against him & added that 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.
DB 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.
DB added that 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.
It is a big question on Appeal filing Authority/officers of Govt that instead of filling Appeal to harass innocent had he/she bothered to act on order issuing & thereafter regularization order issuing authority.
However, if enquired in details, in JMC, JDA etc etc Govt shall find countless illegal appointments & promotions executed by bosses in violation of rules & by adopting "Pick & choose" without any recruitment rules, despite final MoM issued by ARI Trainings and Final notification by H&UDD still awaited.
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