High Court of H.P. imposed a cost of Rs. One lac

Vijyender Sharma

SHIMLA------Taking strong exception to the vexatious and frivolous litigation by Public Sector Undertakings, the High Court of H.P. today imposed a cost of Rs. One lac on the erring officials of H.P. State Industrial Development Corporation Limited for ‘adventurous’ litigation.

            The judgement was passed today by the Division Bench comprising the Acting Chief Justice Mansoor Ahmad Mir and Justice Tarlok Chauhan on an appeal filed by the Corporation against regularization of one Sh. Rajesh Kashyap. This was the third round of litigation between the parties. Sh. Kashyap was working as a Supervisor on daily basis with the Corporation since 01.02.1990 and he filed an original application in the H.P. Administrative Tribunal for being brought on work charge establishment after completion of 10 years of service as per Govt. policy.

The Corporation accepted the claim of the petitioner in the Tribunal, yet brought him on work charge basis w.e.f. 08.07.2004 instead of 31.01.2000, when he had completed 10 years service. The petitioner again approached the Tribunal, where the Corporation changed its stance by saying that the petitioner was entitled to regularization from prospective effect only. The case was transferred to the High Court after closure of Tribunal. In the year 2011, the Single Bench of the High Court directed the Corporation to regularize the services of the petitioner w.e.f. 06.05.2000.

The Corporation then filed a Civil Review in the High Court to recall the orders and the matter was reheard by another Single Bench of the High Court, which too passed judgement in favour of the Sh. Kashyap.

But, the Corporation then filed the present appeal in the Division Bench of the High Court against the orders of the Single Judge, to which the Division Bench comprising the Acting Chief Justice Mansoor Ahmad Mir and Justice Tarlok Chauhan observed that the appellant-Corporation has acted with total lack of sensitivity and in an utterly callous manner and has been successful in protracting the litigation on one pretext or the other, which has wasted the precious time of the Court and also driven the petitioner to unnecessary and avoidable litigation.

The Court further directed that the cost of Rs. One lac shall be recovered from the erring officials responsible for the relentless litigation, notwithstanding the fact that if they are still serving or not. Half of the amount will go to the petitioner Sh. Rajesh Kashyap and the remaining will be remitted to the H.P. State Legal Services Authority. The Court directed the Corporation to submit compliance before June 30.