HC imposes cost of Rs 55000/- to CE


Jammu, May 24: In a petition filed by Jai Krishan & ors seeking directions to the official respondents to regularize their services with effect from the date respondents 6 to 8 came to be regularized, or, with effect from the date respondents 4 & 5 came to be regularized vide Order No.PDC/CJ/44 of 2010 dated 16.01.2010. Petitioners are also seeking a direction to the official respondents to enhance their salary retrospectively, i.e., with effect from 14.09.2005.
Justice Tashi Rabstan after hearing Adv Abhinav Sharma appearing for the petitioners, observed that official respondents have also admitted that the State Power Development Corporation has no statutory rules of its own and has been following the rules of the Government; meaning thereby the case of petitioners was covered under Order No.1423-GAD of 2009 dated 14.10.2009 as admitted by official respondents in paragraph-5 of objections and that is why they forwarded their case to General Administration Department vide Letter No.JKSPDC/ADM/E-146/CJ/3797 dated 02.02.2010.
Justice Tashi Rabstan further observed that in view of the above discussion, the writ petition merits to be allowed. Accordingly, the same is allowed with a direction to official respondents to regularize the services of petitioners against the post of Helper with effect from the date services of respondents 6 to 8 came to be regularized. It is made clear that the petitioners shall be entitled to all consequential benefits including monetary benefits etc. with effect from the date services of respondents 6 to 8 came to be regularized. Connected miscellaneous petition(s) accordingly stands disposed of.
Justice Tashi Rabstan further observed that before parting, it needs to be emphasized that petitioners as well as respondents 6 to 8 came to be appointed on contractual basis in August 2002 as Helpers and Shift Engineers/Junior Engineers respectively vide the same item number. However, the services of respondents came to be regularized vide order dated 16.01.2010, whereas the services of petitioners were not regularized without any rhyme and reason despite the fact the official respondents time and again had been extending their contractual appointment right from August 2002 till May 2010 on the ground of there being continued requirement of petitioners. And, when the petitioners filed the present petition, in order to justify their stand, official respondents have made a wrong statement in the objections that the petitioners were not appointed on contractual basis, rather their appointments were on need basis, which statement was certainly contradictory to the factual position. Therefore, in the given circumstances, Chief Engineer Generation Jammuis burdened with costs of rupees fifty five thousands (Rs.55,000/-), to be deposited by it in the Registry of this Court within a period of two months from today. On deposit, the same shall be released in favour of petitioners in equal proportion after proper verification and identification. It is made clear that in case Chief Engineer Generation Jammufails to deposit the costs within the aforesaid period, Registrar (Judicial) is directed to frame a separate robkar against Chief Engineer Generation Jammufor defying the orders of this Court and committing perjury by the concerned Chief Engineer, and after issuance of notice to Chief Engineer Generation Jammu and the concerned officer swearing affidavit, list the same before the Court. JNF

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