Excelsior Correspondent
Srinagar, Dec 18: High Court has directed the Prasar Bharti to issue the appointment orders in favour of the petitioners working as casual labourers for class IV posts on compassionate grounds, on the touchstone of the provision of scheme introduced by the Central Government within two months.
The petitioners by way of writ petition seeking directions for treating them to have been appointed against group ‘C’ and ‘D’ posts which are class IV keeping in view their continuation as casual labourers since 2003, 2005 and 2010 respectively and issue appointment orders in their favour against these posts under Compassionate Appointment Scheme.
Prasar Bharti while resisting the petition stated before the court that the same is not maintainable as it has been filed at belated stage and hits by the doctrine of laches as also their cases have been considered and due to paucity of vacancies the compassionate appointments have not been granted to them under the Scheme.
Justice Ali Mohammad Magrey after perusal of the scheme said it does tilt towards providing succour to the family of the deceased employee and the purpose of such inclination is to save the dependents of the deceased employee from starvation.
Court said the scheme provides in unequivocal terms to not only entertain the belated requests but also to consider them in tune with the object of the scheme. Court said the scheme further lays stress on the liberal approach to be adopted in the matter of compassionate appointments while calculating the vacancies available for such purpose.
“Therefore, it again goes against the concept of the scheme to refuse the application for compassionate appointment while taking recourse to the non-availability of the vacancies under the said quota. One wonders as to how the respondents reach to such conclusion when as a matter of fact none of the petitioners has been appointed on compassionate grounds and no details are furnished as to how 5 percent quota of the said category has got exhausted”, Justice Magrey recorded Court while going through the reply of respondent-Prasar Bharti as also the scheme comes to the conclusion that the respondents have not followed the mandate of the scheme in its letter and spirit.
“Merely saying that the petitioners did not fall within the prescribed quota would not definitely suffice unless the same is corroborated by clinching material. The petitioners cannot be deprived of the economic aid, to which they are entitled to and left to starve in total disregard of the scheme”, Justice Magrey further added.
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