Create post from 1998 to accommodate petitioner: DB to State

Jammu Tawi, December 2
In a LPA filed by the state Home secretary and Ors against the judgment of writ court whereby Writ Court directed respondents to issue letter of appointment in his favour as Fireman within a period of four weeks from the date of judgment. It was further directed that if it was not possible to appoint the writ petitioner as Fireman on account of medical grounds or otherwise, writ respondents were to adjust the writ petitioner against any other appropriate post.
A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan after hearing both the sides uphold the judgment of writ court and observed that before parting, we would like to notice that in February 1992, when the advertisement notice came to be issued, the writ petitioner was only 26 years and 08 months old, and by now he must have crossed the age of 50 years. One can easily understand the plight of writ petitioner through which he has been going on for the last about two and a half decades. The fault squarely lies on the appellants-writ respondents who, on flimsy ground, did not issue the letter of appointment in favour of writ petitioner and entangled him in 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 writ petitioner would be entitled to all consequential benefits, including seniority etc., minus the monetary benefits with effect from 22.07.1998 when the Writ Court had directed the writ respondents to consider the claim of writ petitioner in case letter of appointment of aforesaid Mohd Rashid had been cancelled and 0rdered accordingly. It is further directed that in case there is no post, equivalent to the post of Fireman, available with the department against which the writ petitioner could be accommodated, writ respondents are directed to create a supernumerary post for the writ petitioner with effect from 22.07.1998. JNF

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