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| HC directs state to consider retrospective appointment | | | EARLY TIMES REPORT
Jammu, Aug 18: Justice JP Singh of Jammu & Kashmir High Court (Jammu Wing) in a petition filed by one Rakesh Warikoo has directed the State-respondents to consider and pass appropriate orders for petitioner's retrospective appointment and all consequential service benefits, as permissible under rules.
This significant judgment announced today in Rakesh Warikoo’s petition, who applied for selection as Junior Engineer (Electrical) Grade-II in response of State Subordinate Services Recruitment Board, Jammu’s Advertisement Notice dated April 9, 1992. He was not called for interview by the Board. He accordingly approached this Court and was thereafter interviewed pursuant to the directions passed in the Petition. He was not, however, selected. Aggrieved by his non-selection, he again approached this Court, this time questioning the selection of Junior Engineers (Electrical) Grade-II made by the Board. In terms of the directions issued on this, he was again interviewed but the Board did not consider him. He filed yet another Petition seeking selection on the ground that the Board had erroneously relied upon the criteria fixed for selections of 1997, whereas his merit was required to be evaluated on the basis of the criteria adopted by the Board in the Selections held in the year 1992. This time, his claim was sustained by the Board which, vide its Communication dated January 22, 2004, indicated the petitioner to have secured 65.32 points i.e more than the last selected candidate in the year 1992-93, who had secured 64 points. His case was, accordingly, recommended to the State Government for appointment as Junior Engineer (Electrical) Grade-II in the Power Development Department of the State Government against available vacancy subject to the final out come of the SLP pending before the Supreme Court of India.
Before the dismissal of the State’s Civil Appeal in the Supreme Court, the petitioner had approached this Court again by his present petition seeking a Command to the State-respondents to appoint him against the post of Junior Engineer (Electrical) Grade-II in the pay Scale of 1760-3200 (Pre-revised) retrospectively with effect from March 30, 1993 with all Monetary benefits including fitment of salary and seniority over respondent Nos.3 to 25, besides other service benefits.
Justice JP Singh after hearing Advocate Anil Khajuria appearing for the petitioner whereas Advocates SK Shukla and GS Thakur appeared for the Board and State observed that although the State-respondents had denied the petitioner’s entitlement to the reliefs, prayed for in the Petition, yet during the pendency of the Petition and after the judgment of Supreme Court of India, the State Government issued Government Order No.26-PDD of 2007 dated February 1, 2007, in terms whereof, the petitioner stands appointed as Junior Engineer (Electrical) Grade-II notionally with effect from January 22, 2004, the date when the Services Selection Board recommended him for appointment. With the issuance of the Government Order, the controversy in the Writ Petition has been narrowed down and the only question which requires determination is about the date from which the petitioner becomes entitled to appointment as Junior Engineer (Electrical) Grade-II in the Power Development Department of the State Government.
Court further observed that there is no dispute on facts that the petitioner became entitled to selection for appointment as Junior Engineer (Electrical) Grade-II, vide Government Order No.56-PDD of 1993 and directed the state Govt to consider and pass appropriate orders for petitioner's retrospective appointment and all consequential service benefits, as permissible under rules, within a period of three months. JNF
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