Excelsior Correspondent
Srinagar, July 8: High Court today penalized National Institute of Technology (NIT) and two Junior Engineers (JEs) for not issuing appointment orders of selected candidates and false and frivolous litigation filed before the courts respectively.
Justice Sanjeev Kumar has passed these observations while dealing with an application filed by two JEs seeking regularization on the posts against which other persons were selected. The claim that they, by performing their continuous duties for more than seven years, have acquired the right of regularization and, therefore, no selection against the posts held by them could be made.
Justice Kumar said the conduct of the applicants cannot be appreciated and deserves to be dealt with appropriately. Having regard to their locus to intervene in this writ petition, suffice it to say that the instant writ petition is directed against officer seeking, to issue the appointment orders in favour of the writ petitioners (selected candidates) pursuant to the selection made by him.
The court said these applicants too have participated in the selection process and, therefore, are well within their right to challenge the selection and even the appointments of the writ petitioners, but in the absence of any such challenge thrown to the selection of the writ petitioners, they have no locus to intervene in this petition or seek their impleadment as party-respondents. The applicants cannot be permitted to intervene to play spoilsport.
“The presence of the applicants is neither necessary, nor otherwise required for adjudication of the instant writ petition. The application is, thus, found to be grossly misconceived. Dismissed, as such”. Court said.
Court however, having regard to the conduct of the applicants exploring misconceived remedies to perpetuate their stay at the cost of the petitioners who are duly selected in the selection process, put on cost of Rs 2 lakhs to them which the court said shall be shared by them equally.
The cost, court directed, to be deposited by the applicants in the Registry of this Court within a period of four weeks from today. “The Registry, on receipt of the said cost, shall deposit the same in the Advocates Welfare Fund. Should there be any non-compliance of this order, Registry shall prepare Robkar and place the same before the appropriate Bench for orders”, reads the order.
During the proceedings of the case court has observed that time has come to stay firm on frivolous litigation lest it will prevent the Courts from taking up good causes involving adjudication of vital constitutional and other statutory rights of the citizens.
“It would be no exaggeration to say that a major portion of Court time is wasted in hearing and weeding out frivolous litigation. To serve the cause of justice and to keep the stream of justice unsullied, it is imperative for the Courts to act tough and discourage the tendency of some litigants to misuse the process of law. Imposition of exemplary costs on the applicants is to send a clear and loud message to the litigants like the applicants herein that they should refrain from such attempts lest they are most certainly to face the serious consequences”, reads the order.
Court having regard to the plea of selected candidates who were not allowed to join due to pendency of litigation said the respondent-NIT has, without any justifiable reason or cause, delayed the appointment of the petitioners (selected candidates).
The selection process that was initiated by the NIT in terms of Advertisement Notification dated 14.10.2022 read with Notification dated 22.10.2022, both the petitioners emerged as selected candidates for the posts of Jr. Engineers, Civil and Electrical respectively.
Court as such held entitled both the selected JEs to appointment orders as the respondents-NIT have not disputed the selection of the petitioners as Jr. Engineers, Civil and Electrical respectively nor have they denied their right to appointment.
The petitioners are also held entitled to compensation to the tune of Rs.5.00 lakh (Rs 2.50 lakh each), to be paid by NIT. It is made clear that NIT on payment of compensation to the petitioners shall be entitled to recover the same from the officer on whose account the appointment of the petitioners has been delayed. Should there be any noncompliance of this order, the Registry shall frame Robkar and place it before the appropriate Bench for orders”, Court directed.
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