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Compassionate appointment to be offered on consolidated wage basis: HC
2/20/2018 12:37:49 AM
Early Times Report

Jammu, Feb 19: Justice Ramalingam Sudhakar of J&K High Court, while quashing the Order No. 49-JAKFED of 2015 dated 23.02.2015, thereby, appointing the petitioner on consolidated wages, directed the Managing Director, Jammu & Kashmir Co-operative & Marketing Federation Ltd., to appoint him on regular basis in terms of SRO 43 of 1994. 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.
Adv Dinesh Singh Chauhan along-with Kanav Gupta, Advocate appearing for the Petitioner-Rakesh Kumar argued that the petitioner is son of Late Ram Kumar, who was working as Salesman/Junior Assistant in J&K Co-operative & Marketing Federation Ltd., had died in harness on 04.10.2011. The petitioner, after untimely death of his father, sought appointment on compassionate basis in terms of SRO 43 of 1994. Since the claim was not considered, the petitioner was forced to file Writ Petition bearing SWP No. 1107/2014, which was referred to Lok Adalat Bench and in that, an award was passed with specific terms that "the Respondent shall consider the case of the petitioner for appointment under SRO 43 within a period of six months under rules."
Pursuant to the award dated 19.11.2014 Order No. 49-JAKFED of 2015 dated 23.02.2015 was passed, whereunder, the petitioner came to be appointed on consolidated wage basis of Rs. 4500/-. Challenging the same, the writ petition was filed stating that the intendment of the award was to appoint the petitioner under SRO 43 of 1994 and not on consolidated wage basis.
High Court While allowing the writ petition observed that "The award is very specificly 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. 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."
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