Cuttack: The Orissa High Court has imposed a fine of Rs 1 lakh on the state government for failing to act as a “model litigant” while handling a case related to compassionate appointment.
The court has directed the government to issue an appointment letter by January 29 or face fines. The matter has been posted for January 30 for compliance hearing.
The dispute arose from a compassionate appointment request filed by the son of a deceased government employee. Since the wife and elder son of the employee were sick, they had appealed that their second son be granted appointment under compassionate grounds. The department however rejected the son’s application, prompting him to approach the Orissa High Court.
On February 7, 2023, a single judge of the Orissa High Court quashed the rejection order and directed the authorities to reconsider the claim promptly. However, the state government filed a writ appeal, challenging the order.
A division bench, comprising Justice Dixit Krishna Shripad and Justice Chittaranjan Dash, dismissed the state’s appeal, describing it as “militantly unworthy.” The judges noted that the government had advanced “militantly false” contentions and failed to uphold the standards expected of a model litigant.
The bench emphasized that the Supreme Court has repeatedly directed governments to conduct themselves responsibly in litigation, avoiding unnecessary disputes and respecting judicial orders.
The court imposed an exemplary cost of Rs 1 lakh on the state, noting that the amount would be waived if the compassionate appointment letter is issued to the respondent by January 29. Otherwise, the cost must be paid within two weeks, with additional penalties of Rs 100 per day for the first four weeks of delay and Rs 200 per day thereafter.
The bench also expressed disapproval of the government’s approach, stating that instead of facilitating justice, the state attempted to cast aspersions on the single judge’s ruling. Such conduct, the court observed, undermines the principle of fairness and erodes public trust in governance.
