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Appointment of ex-CJM’s widow kicks row in Punjab and Haryana HC
Compassionate grounds: Court bench puts administrative side on notice over employees’ association petition against appointment made ‘compatible with her social status’
The appointment of the wife of a former chief judicial magistrate (CJM) on compassionate grounds has kicked up a row in the Punjab and Haryana high court.
The high court employees welfare association has approached the court on judicial side, seeking her removal.
Dr Atul Marya, a Haryana Civil Service (judicial) officer, was posted in Panchkula at the time of his death on October 20, 2013.
Her wife, Ankita Marya, was appointed as a senior assistant in March 2014 after she approached the then chief justice Sanjay Kishan Kaul — who is now a judge in the Supreme Court — with the plea for compassionate appointment “compatible with her social status”.
The chief justice constituted a committee in January 2014 for “favourable consideration” of her case and she was appointed to the group B post.
Justices Jasbir Singh, M Jeyapaul and KC Puri (all retired now) and justice Inderjeet Singh, serving in the HC, were part of the committee.
The employee association petition has been taken up by the HC bench of justice RK Jain, who has sought response from the administrative side by July 11.
‘No reference made to retiral benefits’
The employees’ association says that under the policy issued by the Punjab government and adopted by the HC, compassionate appointments can be made only to group C and D posts.
They have also cited the apex court judgment in Umesh Nagpal’s case (1994), which says: “The posts in class 3 and 4 (now, group C and D) are the lowest posts in the non-manual and manual categories and hence they alone can be offered on compassionate grounds, the object being to relieve the family of the financial destitution and to help it to get over the emergency. If the dependent of the deceased employee finds it below his dignity to accept the post offered, he is free to do so. The post is not offered to cater to his status, but to see the family through the economic calamity.”
The employees say the note put up before the four judges committee constituted by the then chief justice neither made any reference to the retiral benefits or family pension. Her case was considered by the committee based on facts presented before it.
Clearing her appointment on February 22, 2014, the committee had stated: “After perusing the meeting note, the committee recommends that Ms Ankita Marya, alias Anju Rani, wife of late Dr Atul Marya, be appointed as senior assistant from the quota of direct recruits on the establishment of this court on compassionate grounds by relaxing the provisions as contained in Rule 16 of the High Court Establishment (Appointment and Conditions of Service) Rules, 1973.”
‘Criteria cannot be relaxed’
Rule 16 states that for appointment as a senior assistant, a candidate must have proficiency in operating a computer (word processing and spread sheets) and will have to pass type test on computer at the speed of 20 word per minute. The association has argued that such qualifications cannot be relaxed, as the compassionate appointments policy categorically states that except age limits, no other qualification can be relaxed.
The employee association has argued that Marya had left considerable immovable property and the family got other benefits including Rs 10 lakh as gratuity and Rs 3 lakh as leave encashment besides monthly pension of Rs 48,010 per month.
As per details of immovable assets given by the judicial officer, the value of various properties was assessed between Rs 10-15 lakh in 2013.
“Thus, family of late Dr Atul Marya cannot be said to be in penury,” says the association. “Such appointments are marring promotions of other employees.”
