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| CAT orders to appoint draftsman after 15-year delay, imposes Rs 50,000 penalty | | | Early Times Report
JAMMU, Aug 1: In a landmark judgment, the Central Administrative Tribunal (CAT), 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 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 ?50,000 on the authorities for prolonged inaction and defiance of judicial orders.
Choudhary, a resident of Rajouri and belonging to the reserved category of Residents of Areas adjoining the Line of Control (ALC), had applied for the post under Advertisement Notice No. 07 of 2005. Although he submitted a provisional ALC certificate within the application deadline and the final certificate shortly after, the Jammu and Kashmir Services Selection Board (JKSSB) considered him under open merit, denying him the benefit of reservation.
The Jammu and Kashmir High Court, in 2010, ruled in Choudhary's favour and directed the JKSSB to treat his candidature under the ALC category. The Board accordingly issued a recommendation for appointment in 2011. However, the appointment order was never issued, despite repeated efforts by the petitioner and clear court orders.
The state government subsequently filed an appeal and later a review petition, both of which were dismissed. In spite of these decisions, authorities failed to act, citing a 2019 policy decision under the J&K Reorganisation Act that withdrew all pre-October 2019 posts where appointments had not been finalized.
In a scathing observation, the Tribunal noted that the respondent authorities had shown "blatant disregard" for court orders and demonstrated "grave administrative negligence." It held that the petitioner had acquired a vested right to appointment and that continued delays were "unjust, arbitrary, and violative of Articles 14 and 16 of the Constitution."
The bench, comprising Rajinder Singh Dogra (Judicial Member) and Ram Mohan Johri (Administrative Member), after hearing Adv Manpreet Kour for the petitioner observed that in our considered opinion, the failure of the respondents to comply with the clear directions of the High Court and the recommendation of the SSRB constitutes a serious dereliction of duty and a grave lapse amounting to inordinate delay and negligence. 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. 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,"CAT ordered".
—(JNF)
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