Court Has To Ensure Justice Seen To Be Meted Out: HC

Srinagar—The Court has to ensure that substantial justice is meted out to the litigants without first going into the mystic maybes and technicalities with reference to denial of such justice, the Jammu and Kashmir high court has said.

“The Court, while doing justice, has also to ensure that the same is seen to have been done,” a bench of Justice Ali Mohamad Magrey and quashed an order (No. 263-KRC of 2017 dated 30th of October, 2017),alongwith the requisition made by the respondent Department ( Hospitality and Protocol Department— Resident Commissioner New Delhi), to the Services Selection Board for filing up the post of Driver. “Petitioner (Nisar Ahmad Kumar, 30, son of Mohammad Yousuf Kumar R/o Redwani, Bala Kulgam) be regularized against the vacant post of Driver (Grade-I) in the pay scale of Rs.4000-6000 (Prerevised), retrospectively from the date he has been performing his duties in the respondent Department, on the same analogy as has been adopted in the case of Raj Kishore Singh.

Kumar is holding the post of Chowkidar in the Commission, who is discharging his duties as Driver since the year 2010, therefore, seeks release of the benefits including the grade attached with the post of Driver. In the present petition, the petitioner was seeking direction in the name of respondents to regularize his services as Driver retrospectively, on the analogy adopted in the case of one Shri Raj Kishore Singh.

“Apparently, the claim of the petitioner is well justified, based on the principle of equality and the approach adopted by the respondents in rejecting his claim for regularization of his services, is not only arbitrary, but also violative of the Articles 14 and 16 of the Constitution of India,” the court said.

The respondents, the court said, were expected to consider the claim of the petitioner for regularization of his services on the post of Driver, on which, at the asking of the respondents, he has been temporarily working for a considerable period of time and release the grade attached to the post in his favour, as was directed by Court in terms of interim order dated 31st of August, 2017. “The respondents were expected to adopt a fair, honest and positive approach, but they have, without any application of mind, been selective in their approach and have not registered the claim of the petitioner, who, admittedly, is performing his duties as Driver on ground for the last eight years. This approach on the part of the respondents is disapproved, while exercising judicial review of the order impugned.”

The State of Jammu and Kashmir has, time and again, adopted policies in the shape of Legislation(s) with a view to ensure that the subjects, who are performing their duties even on consolidated, ad hoc and contractual basis for over a period of seven years, are also entitled for regularization of their services. “This approach has been adopted for ensuring that these employees, who give their lives to the respective Departments they are engaged in, are able to sustain themselves and their families in a better way and are not subjected to any exploitation in the Society,” the court added.


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