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HC directs state to appoint petitioner 12/2/2016 10:05:25 PM Early Times Report Jammu, Dec 2: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the state to either appoint the petitioner as a fireman or create a supernumerary post for him with effect from 1998. The court directive came in a LPA filed by the state home secretary and others against a writ court judgment whereby it had directed respondents to issue letter of appointment in favour of Mohammad Rashid as fireman within a period of four weeks from the date of judgment. The writ court had also directed that if it was not possible to appoint the petitioner as fireman on account of medical grounds or otherwise, respondents were to adjust him against any other appropriate post. After hearing the two sides, the bench upheld the writ court judgement and said, "Before parting, we would like to notice that in February 1992, when the advertisement notice was issued, the petitioner was only 26 years and eight months old, and by now he must have crossed the age of 50 years. One can easily understand his plight. The fault squarely lies on the appellants who, on flimsy ground, did not issue the letter of appointment to the petitioner and entangled him in a litigation for all these so many years. Therefore, in the given circumstances and to meet the ends of justice, we deem it proper to direct that the petitioner will be entitled to all consequential benefits, including seniority minus the monetary benefits with effect from July 22, 1998 when the writ court had directed the respondents to consider the petitioner's claim in case letter of appointment of Rashid had been cancelled. The bench directed that in case there was no post equivalent to the post of fireman available with the department to accommodate the petitioner, respondents would create a supernumerary post for him with effect from July 22, 1998.   Share This News with Your Friends on Social Network     Comment on this Story

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