SrinagarThe Jammu and Kashmir High Court on Wednesday imposed Rs 25000 costs on a former Chief Conservative Forests for misinterpreting its order, directing the government to consider plea by a person for his appoint on compassionate grounds.
Nisar Ahmed IFS, then Chief conservative of Forests, has deliberately misinterpreted order passed by this court on 19.12.2007 Gulzar Ahmad Khan Vs. State and others, so he is burdened personally with costs of Rs.25,000 on account of wastage of time of this court and costs of litigation, said a bench of Justice Sanjay Kumar Gupta.
Out of this costs, Rs.10, 000 shall be paid to petitioner (Gulzar Ahmad Khan) as costs of litigation and rest of money shall be deposited in Advocate Welfare funds, the court said and asked the IFS officer to deposit the costs within two months .
Otherwise Registrar Judicial shall forward a copy of this order to Director Accounts for recovery of costs from his pay or if he has been retired then from his pension, the court added.
It also directed the government to re-consider the claim of Gulzar Ahmad Khan as per its direction on 19 December 2007.
The whole exercise shall be completed within six weeks from the date of receipt of order. Take notice that respondents shall complete this exercise within time, otherwise it shall be taken seriously, the court said.
Khan had submitted that his father, who was an employee of the Forest Department, died in harness on 23 August 1977. Khan stated that he was minor at that time and that he was engaged by Principal Chief Conservator of Forests in terms of his order dated 23 March 1999 as casual labor till formal sanction for his appointment on compassionate grounds was to be issued by the government. After passing of Pre-University Class, he applied under the relevant SROs in so far as compassionate appointment was concerned.
He said that the compassionate appointment was referred to the Administrative Department for grant of sanction and Administrative Department after perusing the relevant documents like Death Certificate, Legal Heir Certificate, Qualification Certificate and Date of Birth of the legal heirs of the deceased employee, did not took any decision with regard to his compassionate appointment.
The authority (respondent No.4) definitely knew that the petitioner was minor i.e. 4 year 7 months and 19 at the time of death of his father, then how he can attain eligibility for compassionate appointment under Jammu and Kashmir Compassionate Appointment Rules, within one year, the court said.
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