HC pulls up MMC over temporary job offer
Panaji: The Mormugao Municipal Council (MMC) on Monday drew the ire of the Bombay high court after it gave an offer of appointment on a temporary basis to a grade-IV worker on compassionate grounds. The court told the MMC not to play around with court orders and asked to see a modified order on Tuesday.
The high court, in Nov last year, accepted an undertaking from the MMC to appoint — on compassionate grounds — the son of its garden worker who died in 2016 within two weeks, and asked MMC to expedite the appointment.
The son filed a contempt petition in the high court, and when it came up for hearing on Monday, the MMC told the court that the appointment offer was already given and the process was awaiting police clearance. The petitioner, however, told the court that the offer of appointment referred to an appointment on a temporary basis.
The MMC told the court that it meant to say that he would initially be appointed on a probationary basis.
“Where is the question of probation in a compassionate appointment?” the division bench comprising justices Suman Shyam and Amit Jamsandekar asked the MMC.
It told the MMC “not to play around with court orders” and asked to see a modified order on Tuesday, failing which it would take “serious action” in the matter and “initiate contempt proceedings”.
“This is not done. You cannot make people rush to the court every now and then. This man has been fighting for a compassionate appointment.... you give an undertaking to the court, govt approves the appointment and thereafter what business do you have to say temporary appointment?” the bench asked the MMC.
“The party comes to court and gets an order and you’re making him dance from pillar to post, what is this?” the court asked the council. “The person is asking for a compassionate appointment in a grade-IV post. How many times do you want him to come to court?”
In Nov, the MMC stated in court that it would give effect to the directions issued by the director of urban development to appoint Sameer Chandrakant Desai.
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The son filed a contempt petition in the high court, and when it came up for hearing on Monday, the MMC told the court that the appointment offer was already given and the process was awaiting police clearance. The petitioner, however, told the court that the offer of appointment referred to an appointment on a temporary basis.
The MMC told the court that it meant to say that he would initially be appointed on a probationary basis.
“Where is the question of probation in a compassionate appointment?” the division bench comprising justices Suman Shyam and Amit Jamsandekar asked the MMC.
It told the MMC “not to play around with court orders” and asked to see a modified order on Tuesday, failing which it would take “serious action” in the matter and “initiate contempt proceedings”.
“This is not done. You cannot make people rush to the court every now and then. This man has been fighting for a compassionate appointment.... you give an undertaking to the court, govt approves the appointment and thereafter what business do you have to say temporary appointment?” the bench asked the MMC.
In Nov, the MMC stated in court that it would give effect to the directions issued by the director of urban development to appoint Sameer Chandrakant Desai.
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