Early Times Report
JAMMU, Feb 12: The Central Administrative Tribunal, Jammu Bench, Jammu, comprising Rajinder Singh Dogra & Ram Mohan Johri, while allowing the Writ Petition of Petitioner - Parkash Sharma, directed that "Keeping in view the facts and circumstances of the case the respondents are directed to issue a letter of appointment in favor of the writ petitioner while regularizing his services against the post available in the lowest rank of the cadre for taking over agricultural land that belonged to the writ petitioner's father and had become his share in order to construct a building and ground for Govt. Middle School, Marothi. This is based on the written agreement/commitment made by the respondents in letters and in spirit, and it will take effect on 01.10.1996, when the writ petitioner was hired as a"Waterman-cum-Chowkidar" on a consolidated salary of Rs. 500/- per month. The entire exercise shall be undertaken within a period of three months."
The School Education Department in the year 1990 approached the father of Petitioner for handing over the possession of land measuring One Kanal and 13 Maras at Marothi for construction of ground of Govt. Middle School, Marothi, on conditional and unequivocal promise and assurance that his son shall be appointed against the post available in the lowest rank of the cadre and accordingly. Out of 6 Kanals & 2 Marlas of land at Marothi, One Kanal and 13 Marlas of agricultural land owned and possessed by the father of the Petitioner was acquired and taken over by the School Education Department. However, in the year 1996, the then Headmaster, Govt. M S, Marothi namely Haji Saif Ali reduced the said promise, assurance and commitment into writing by executing an agreement with the father of the Applicant pledging and contracting to appoint his son. Apart from agreement, a meeting of Panchayat Sira and Village Level Education Committee of Govt. Middle School, Marothi was held on 23.11.2004 resolving to appoint the Applicant against the post available in the lowest cadre of the service.
The School Education Department, after having taken over the only land owned and possessed by the father of the Applicant and having fallen to the share of the Applicant, did not honour the commitment, but on the other hand, in lieu of the land acquisition, engaged the Applicant on consolidated salary of Rs. 500/- per month as waterman-cum-sweeper.
The Petitioner when deprived of appointment on regular/substantive basis, against the post available in the lowest rank of the cadre, by not honouring the written agreement, promise, assurance and commitment extended at the time of take over and acquisition of land for construction of Govt. M. S. Marothi, and further when deprived of the rent for the use and occupation of 3 Kanals of agricultural land belonging to the father of the Petitioner and having fallen to the share of the Petitioner, from the date of takeover of the possession till the Petitioner is issued letter of appointment, by regularizing his services, was constrained to take resort to judicial process of law by filing Writ Petition through Advocate Damini Singh Chauhan. School Education Department was represented by Sudesh Mangotra, AAG.
"When it is acknowledged that an agreement, assurance, promise, and commitment were made and extended by the respondents to provide employment to the writ petitioner, they obtained land that belonged to the writ petitioner's father, the respondents are legally required to appoint the writ petitioner against the post available in the lowest rank of the cadre", held the Bench. —JNF |
