RAJINDER SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONERS 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. Petitioners case is that vide SRO 122 dated 24 -3 -1983, which stands incorporated in J&K Civil Services (De -centralisation of and recruitment of Non -gazetted cadres) Rules, 1969, the dependant of an employee dying in harness is entitled to a non -gazetted post in the lowest rung. Said SRO also provides for relaxatien 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 29 -4 -1989 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. He joined 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 16.8.1939 he was transferred from Forest Division Bhaderwah to forest Division Ramban and he accordingly joined at Ramban and performing his duties there since then. D. F, O. Ramban, respondent No. 4t 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 the months of September and October, 1989 but has not been paid the same thereafter. He filed so many applications to respondent No.

(2.) BUT with no avail. 2. Petitioners further case is that vide SRO 194 dated 18.5.1989 the Governor was pleased to notify rules, J&K Government employees (death in harness) dependants appointment rule, 1989 and according to clause 9 of the said rules all pending cases are required to be dealt with under said rules. He is eligible to the 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 form. 1.5.1989, excluding the months of September and October, 1989, with allowance and due increments.

(3.) 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 petitioner can not be treated to be a regular appointee.