Rajinder Singh vs State and other

Petitioner's father, Shri Hari Singh, was a Forest Guard who died in harness in the year 1980 and at that time he (petitioner) was a minor. The

family of Hari Singh consisted of his wife, old mother, three sons and a daughter, out of whom the petitioner was the eldest. Monthly income of the

family was Rs. 600/ as per verification of Assistant Commissioner revenue, Udhampur. Petitoner's case is that vide SRO 122 dated 2431983,

which stands incorporated in J&K Civil Services (Decentralisation of and recruitment of Nongazetted cadres) Rules, 1969, the dependant of an

employee dying in harness is entitled to a nongazetted post in the lowest rank. Said SRO also provides for relaxation of age, qualification and

scholarship for minors till they pass matriculation examination after which they are to be considered for appointments. On his becoming eligible the

Chief Conservator of Forest, respondent No. 2, passed order No. 100 of 1989 dated 2941989 appointing him as 'Mali' against a clear vacancy in

forest division Bhaderwah. It was, however, inadvertantly made subject to final approval of the Administrative Department, although no such

approval is envisaged by any rule. The order of appointment put a further rider that he would be entitled to draw his pay only after receipt of

sanction from the Government. Rejoined on May 1, 1989 in Forest Division Bhaderwah but no salary was paid to him by respondent No. 2

despite the fact that he was performing his duties satisfactorily. Vide Forest department order No. 27, of 1989 dated 1691989 he was transferred

from Forest Division Bhaderwah to Forest Division Ramban and he accordingly joined at Ramban and is performing his duties there since then.

D.F.O. Ramban, respondent No. 4, also did not pay him salary and he then approached Conservator of Forest who was on tour at Ramban who

instructed respondent No. 4 to pay him the salary. He was thereupon paid salary for this month of September and October, 1989 but has cot been

paid the same thereafter. He filed so many applications to respondent No. 2 but with no avail.

Petitioner's further case is that vide SRO 194 dated 1851989 the Governor was pleased to notify rules, J&K Government employees (death in

harriers) dependants appointment rules, 1989 and according to clause 9 of the said rules all pending cases are required to be deal with under said

rules. He is eligible to this benefit of appointment under SRO 194 and under the said SRO Head of the department is the competent authority for

making appointment and no formal sanction of the Administrative Department is required. The petitioner has prayed that a direction be issued to

the respondents to pay him salary with effect from 151989, excluding the months of September and October, 1989, with allowance and due

increments.

Respondents have filed objections stating therein that the petitioner at the time of his appointment was eligible for appointment except for the legal

position that his order of appointment was to be confirmed by the Administrative Department i. e. General Department as per rules. It has also

been pointed out that unless formal approval of the"" Administrative Department is conveyed the petitioner cannot be treated to be a regular

appointee.

I have heard the learned counsel for the parties. This petition is being disposed of at this stage with the agreement of the learned counsel for the

parties because of admitted facts. Petitioner was appointed as Mali vide order issued by the Chief Conservator of Forest Jammu against a vacant

post after giving him benefit of employment under SRO.122. the order of his appointment was, however, subject to the approval of the

Administrative Department. Petitioner joined said post on May 1, 1989 as stated by the D.F.O. Bhaderwah Forest Division. It is also a fact that

the petitioner was on 16989 transferred from Bhaderwah to Ram ban.

SRO 194 dated 1851989 empowers a Head of the Department, who is the competent authority under the Rules, J&K Government Employees

(death in harness) dependants appointment Rules, 1989, to make appointment of the dependant of a non gazetted employee dying in harness.

Rules 9 of these rules also provides for dealing with all pending case under these rules. The Chief Conservator of Forest, being the Head of

Department, was thus fully competent to appoint the petitioner who was fulfilling ail the conditions required under the said rules. It seems that Chief

Conservator of Forest after appointing the petitioner referred the matter to the General Department for approval of the petitioner but the General

Department seems to have slept over the matter for more than one year, Petitioner who had not only lost his father also become orphan because of

the family strength shown in die petition and there was no source of income of the family. Petitioner was appointed under rules but was not paid

salary. It is not only a hard case but a pathetic tale of a poor employee facing such hardships. The Conservator of Forest Jammu came to the

rescue of this poor man and on his orders salary was released in his favour but only for the months of September and October, 1990 by D. F. O.

Bhaderwah Now abovesaid rules of 1989 issued under SRO 194 are clear which are applicable to the present case and Chief Conservator of

Forest being the Head of the Department is fully competent to make such appointment for which no sanction of the Government is required.

For the aforesaid reasons this petition n allowed and a direction is issued to the respondents to immediately pay the salary to the petitioner with

effect from May 1, 1989 with all benefits, when he joined the service till today, excepting for the months of September and October which stands

already disbursed to him.