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| HC comes to rescue of class IV employee | | | EARLY TIMES REPORT
Jammu, June-20 (JNF):- Division Bench of J&K High Court came to the rescue of petitioner who was appointed class IV in the education dept vide order dated September 17, 1994 and was not allowed to join, thereafter he filed petition seeking relief from the Court.The writ Court allowed petition with the direction to state to permit the petitioner to join his duty and the petitioner would become entitled to monetary benefits with effect from three years prior to filling of petition and liability to pay such amount would be upon the officer due to whose fault the delay has occurred, against this order state filed LPA.
Division Bench comprising Justice Hakim Imtiyaz Hussain and Justice Sunil Hali declined to interfere with the judgment/order of the single judge.
While dismissing the LPA, the Division Bench after hearing Deputy AG Neeru Goswami for the State/education dept whereas Adv Swami Raj Sharma appeared for the petitioner/ respondent, observed that the counsel for the State has urged that the condition laid down in the appointment order of the respondents that he had to join the duty within 21 days but he failed to do so, he has lost his claim over the job was not entitled to any relief. Upon this Division Bench said that order of appointment of Bishan Singh issued by Chief Education Officer Doda on September 17, 1994 while as letter addressed by the Principal to CEO Doda on dated September 27, 1994 which would shows that by that date the appointee had already reported to Higher Secondary School Bhaderwah. The communication September 27, 1994 of Principal clearly shows that the appointee was not allowed by him to join for the reason recorded in the letter that there was no post available in school. Division Bench finds the appointee has filed the petition in the year 199 and is seeking relief from the Court for the last 12 years. DB further observed that the case of the appointee cannot be rejected on this ground of latches at this stage and dismissed the same.
The case of the petitioner is that he was selected as class IV employees in the Education and appointment order was issued in his favour on September 17, 1994, he was asked to report for duty before the Govt Higher Secondary School (boys) Bhaderwah within 21 days from the date of appointment order. The appointee went to join but he was found that there was no post available in the school, the principal addressed a communication to CEO Doda informing him about this fact. The matter remained under correspondence but the respondent could not get any relief and was not allowed to join the duty, ultimately he filed a petition in the year 1999 seeking direction to respondents. The writ Court on July 23, 2001 allowed the petition and issued directions to respondents-State, aggrieved by this order State filed this LPA which was dismissed the Division Bench. JNF
JNF/JUNE/20/2011/1 |
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