Dropped 15 years ago, meritorious candidate gets appointment through HC verdict

Dropped 15 years ago, meritorious candidate gets appointment through HC verdict

Vigilance probe ordered against former SSB chairman, two officers; fined Rs 80000
SRINAGAR: The J&K High Court on Monday ordered State Vigilance Organization (SVC) to hold an inquiry against former chairman, secretary and administrative officer of the Service Selection Board (SSB) for not selecting an aspirant to the post of laboratory assistant despite securing higher marks than couple of selectees in 2002.
Disposing of a petition filed fifteen years ago by the job aspirant—Ram Lal, a single bench of Justice Tashi Rabstan also imposed Rs 80000 fine on the SSB for subjecting him to “mental torture and harassment” for such a long time for none of his fault.
Ram Lal had petitioned the high court after he was not selected by the SSB to the posts of laboratory assistant in district Udhampur despite securing 59.57 points against two selectees, Shakila Bano and Gopal Krishan who had secured 56.57 and 55.70 points respectively.
“Director, SVO is directed to seize the selection record of this particular case, make inquiry and if necessary, lodge FIR against the then chairman, members, secretary and administrative officer of the SSB who were responsible in making this selection and, thereafter, proceed in accordance with law and fix responsibility,” the court said and ordered the director SVO to complete the inquiry within two months.
Underling that the SSB officers “intentionally” did not file the counter affidavit before it to hide the true picture and keep Ram Lal entangled in litigation for more than decade and a half, the court directed the SSB to deposit the fine of Rs 80,000 before its registry within a month.
“On deposit, the (fine amount) shall be released in favour of (Ram Lal) after proper verification and identification. It is made clear that in case (SSB) fail to deposit the costs (fine) within (a month), Registrar (judicial) is directed to frame a separate robkar against the Chairman SSB and after issuance of notice to it, list the same before the court,” it said, observing that Ram Lal has been hankering for justice for 15 years to get his both end meals through the employment of laboratory assistant while the two selectees have been getting the “usufruct of government employment despite having secured less points than (him).”
“It is not the case of official respondents (SSB officers) that inadvertently (Ram Lal) could not be selected or there was wrong calculation in reckoning (Ram Lal’s) result rather the award roll clearly indicates that (he) had secured much more points than (the two selected candidates) and same was the stand of Deputy Advocate General in the open Court once he had gone through the record,” the court said.
Allowing the petition, the court directed the SSB to recommend the Ram Lal for his appointment as Laboratory Assistant within two weeks. Thereafter, the court directed the government to issue orders of his appointment within next two weeks.
“It is made clear that (he) shall be entitled to all consequential benefits including seniority, promotion etc., minus the monetary benefits with effect from the date other selected candidates under RBA Category of District Udhampur had joined in 2002 against the post of Laboratory Assistant,” the court said. The government has been also directed to fix his seniority strictly as per his merit position in the original select list.
“It is further directed that in case there is no post available with the department against which he (Ram Lal) has to be appointed considering his promotion factor, (the government is) directed to create a supernumerary post for (him) with effect from the date (Shakla Bano and Gopal Krishan) had joined in 2002.
Meanwhile, the court directed that every recruiting agency of the State including the autonomous bodies that they shall henceforth publish in all leading newspapers of the State along with select list, the marks/points allotted to each selected candidate so as to make the recruitment process more ethical, clear and transparent and “to avoid such like loops due to which the genuine candidates are not selected by the authorities at the helm of affairs.”

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