HC Raps Govt for Frivolous Litigation, Imposes Rs 10,000 Costs | Kashmir Life

SRINAGAR: The High Court has imposed costs on the Government after pulling up the Sports Department for what it termed “unnecessary litigation” over a writ court judgment directing the appointment of a candidate to the post of driver.

A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed the appeal filed by the Secretary, Jammu and Kashmir Sports Council, and the Secretary, Youth Services and Sports, imposing exemplary costs of Rs 10,000 to be paid to the aggrieved candidate, Ravinder Singh of Tral, Pulwama.

The Bench noted that the writ court’s decision was “legally perfect”. It required no interference, especially as counsel for the department conceded that Singh had already been appointed to the post.

The case dates back to 2013 when the Jammu and Kashmir Sports Council advertised two posts of driver. While one candidate from the Jammu division was appointed as Driver-II based on his long-term service as a daily wager, the selection for the Kashmir division post was kept in abeyance. Singh, who had applied for the Kashmir division slot, was denied the appointment, prompting him to approach the writ court.

Before the writ court, the department argued that procedural changes in the selection process prevented Singh’s appointment, an explanation the court rejected. The writ court subsequently directed authorities to offer him the post.

Terming the Government’s appeal against that judgment as frivolous, the Division Bench said the defence taken by the department had no justification and amounted to burdening the court with avoidable litigation.