Research › Search › Judgment

J&K High Court · body

2018 DIGILAW 44 (JK)

Rakesh Kumar v. Jakfed

2018-02-01

R.SUDHAKAR

body2018
JUDGMENT : R. Sudhakar, J. Through the instant writ petition, the petitioner seeks the following relief- “For the reasons as submitted above the petitioner most humbly prays for the issuance of writ in the nature of certiorari quashing No. 49-JAKFED of 2015, dated 23.02.2015 as passed by the respondent. AND With a further prayer of issuance of a writ in the nature of mandamus directing and commanding the respondent to consider and offer employment/appointment to the petitioner against permanent post with regular pay scale thereto.” The case of the petitioner is that the petitioner is son of Late Ram Kumar, who was working as Salesman/Junior Assistant in the respondent-department and died in harness on 04.10.2011. He sought for compassionate appointment in terms of SRO 43 of 1994. Since the claim was not considered, the petitioner was forced to file the writ petition bearing SWP No. 1107/2014, which was referred to Lok Adalat Bench and in that, an award was passed, which reads as follows:- “The respondent shall consider the case of the petitioner for appointment under SRO 43 within a period of six months under rules.” 2. The meaning and intend of the award is very specific that the respondent/JAKFED shall consider the case of the petitioner for appointment under SRO 43 of 1994. 3. Pursuant to this award, it appears that order No. 49-JAKFED of 2015, dated 23.02.2015 has been passed whereunder the petitioner was appointed on consolidated wage basis of Rs. 4500/- per month. The reasons given in the order are as follows:- “Whereas, as the Board of JAKFED Management is not presently existing, the case of the petitioner was examined in light of the above court judgment and it was decided to consider his case for appointment against the post of Class-IVth but on consolidate wages of Rs. 4500/- per month. Now, therefore, in compliance to the judgment dated 19.11.2014 passed in SWP No. 1967/2014 titled Shri Rakesh Kumar v. State and Others., sanction is hereby accorded to appointment of Shri Rakesh Kumar S/o. Late Shri Ram Kumar R/o. Mast Garh, Peer Mitha, Jammu against the Class-IVth post on compassionate grounds in JAKFED but on consolidated wages of Rs. 4500/- per month. However, the above appointment of petitioner is subject to the confirmation of Board of Management of JAKFED as and when same is constituted.” 4. 4500/- per month. However, the above appointment of petitioner is subject to the confirmation of Board of Management of JAKFED as and when same is constituted.” 4. Challenging the above, the writ petition has been filed stating that the intendment of the award is to appoint the petitioner under SRO 43 of 1994 and not on consolidated wage basis. The impugned order goes contrary to the terms of the award settled between the parties. M/s. JAKFED has signed accepting the same. Therefore, the question of appointing the petitioner as Class-IV on consolidated wages does not arise and is wrong. 5. In this case, the respondents have not even chosen to file reply affidavit despite opportunity. 6. The award is very specific stating that the respondent shall appoint the petitioner in terms of SRO 43 of 1994. It is clear that the appointment should be regular employment and not consolidated wage basis. Respondent-department having breached the terms of the award is bound to accord reconsideration and employee the petitioner in terms of SRO 43 of 1994 on an appropriate post. 7. Therefore, the portion of the impugned order which directs the appointment of the petitioner to the post of Class-IV on consolidated wage basis is set aside and the authority is directed to appoint the petitioner on regular basis in terms of SRO 43 of 1994. 8. However, pending the same, the petitioner shall be allowed to continue to work on the basis of the appointment order No. 49-JAKFED of 2015, dated 23.02.2015 issued by the respondent. Writ petition is allowed as above.