More than 13 years after her husband, a peon with the Chennai
Port Trust (CPT), died and eight years after she was unfairly denied a
job under compassionate grounds, a widow has won back her wage arrears
and seniority, plus 1 lakh in costs.
Justice K K Sasidharan, whose order directing the port to give S
Jayachitra a job was upheld by a division bench and commended by
the Supreme Court, said he was closing the contempt petition with a
sense of satisfaction that the woman was able to enjoy the fruits of her
litigation in her lifetime.
Jayachitra's husband died on November 3, 2000, leaving behind her, a
minor daughter and his mother. Though she filed an application for a job
on compassionate grounds on November 15, 2000, the CPT took four years
to call for her bio-data. In May 2005 the port appointed two others who
were below her in the waiting list. Her application was rejected in 2010
saying it was pending for more than three years from the date the
employee died.
Justice Sasidharan on November 16, 2012 directed the CPT to appoint her
within two months. The CPT's appeal was dismissed by a division bench.
As she was not given appointment orders, she filed a contempt petition.
The CPT then moved the SC, which on October 30, 2013 lambasted it for
filing frivolous appeals. The apex court imposed 1 lakh cost on CPT.
She filed another contempt petition to finally realise her decade-long
pursuit for employment. But the CPT fixed a lower payscale for her,
prompting Justice Sasidharan to pull up the authorities yet again. On
November 20, the CPT fixed the correct payscale for her and her
seniority would be from 2005 when two persons junior to her were
appointed.
Justice Sasidharan said the state should wage legal battle only in
deserving cases. Flaying the CPT, he said its officials dragged poor
people into unnecessary litigation by behaving as if they are masters of
the public.
December 07, 2013
Kalaivaraikalai
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