DB directs State to ensure compliance within 3 weeks

Excelsior Correspondent
JAMMU, Nov 7: In a contempt petition, Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar today directed the State to comply with the judgment granting grades equivalent to KAS to the Secretaries of the CJ and Judges of the High Court.
When the matter came up for hearing, Senior AAG submitted that the judgment dated 17.12.2015 has been fully complied with and implemented, and therefore, question for any contempt does not arise.
On the other hand, the counsel for the applicants submitted that the directions given by the Division Bench in the order dated 17.12.2015 have only been complied with in part.
After hearing both the sides, Division Bench observed, “respondents were only required to comply with the 2nd part of the direction that the judgment rendered by the Single Judge be implemented within a period of four weeks”.
“Such a contention cannot be accepted because the 2nd part itself records that the implementation of the judgment of the Single Judge has to be done on receipt of the proposal from the Registrar General and the Registrar General was required to give the specific dates of when the persons became eligible for the same”, the DB further observed.
“The Registrar General in compliance with the directions had sent the dates on which the eligibility accrued. Consequently, the compliance of the Division Bench order dated 17.12.2015 will entail the creation of the posts from the dates on which the eligibility accrued. That part of the order has not been complied with”, the DB said.
Accordingly, Division Bench granted opportunity to Chief Secretary, Law Secretary and Finance Secretary to comply with the same within three weeks from today.