Fayaz Bukhari
SRINAGAR, Apr 12: The High Court today sought personal appearance of Commissioner-Secretary, Power Development Department and Managing Director, JK Power Development Corporation for withholding the retiral benefits of its employee.
Justice Ali Mohammad Magrey while dealing with a contempt petition filed by one Ghulam Qadir Wani for seeking implementation of directions passed by the Court, said the Court is left with no option
but to seek the personal appearance of Commissioner-Secretary Power Development Department and Managing Director, JK Power Development Corporation, on the next date of hearing.
Justice Magrey also directed them to deposit an amount of Rs. 50 lakhs before the Registry of this Court against the claim of petitioner of his post retiral benefits including gratuity. “Failure of the respondents in complying with the judgment in tune with the order passed today shall constrain the court to adopt the coercive methods”, Justice Magrey recorded and posted the matter for further consideration on May 2.
Court further directed the Bank Authorities not to honour or encash any bill of the contemnor-Commissioner /Secretary and MD PDC in case they fail to deposit the requisite amount. Copy of the order has also been directed to be send to the Chief Secretary of the State for information.
Wani through the contempt petition is seeking implementation of the Judgment passed by the Court on April 2015 whereby the court on adjudication of the matter had quashed the decision of the Jammu and Kashmir State Power Development Corporation, rejecting the claim of the petitioner with reference to payment of his post retiral benefits.
Court had directed the authorities to pay the pensionary/retiral benefits including gratuity etc., to the petitioner in accordance with the rules, which are applicable to the employees of State Government and to pass orders in this behalf within a period of four weeks from the date copy of the order is served.
Authorities instead of implementing the judgment challenged the same by filing of LPA before the Division Bench. However, the LPA was dismissed in terms and the authorities approached the Supreme Court by way of Special Leave which too got dismissed on 16.11.2015.
After losing the case from all the Courts, Justice Magrey said the Court fails to understand as to how the authorities will continue to harass the petitioner and to add his miseries/agony as they despite knowing the fact that the Judgment has earned finality, are not implemented the same, which finality has reference to the dismissal of the Special Leave Petition by the Supreme Court on 16.11.2015.
The petitioner, Court said, is entangled in a protracted litigation and is before the court since 2011, looking at the course of justice as his last and only hope to redress his grievances and has visibly lost the physical strength and is stated to have developed multiple ailments during the pendency of this long drawn litigation.
On approach of the Government while dealing with court directions, Justice Magrey said the sorry state of affairs cannot be allowed to run any further. “The inaction of the respondents is not only depriving the petitioner of his legitimately earned dues as pensionary benefits, which is held to be the property of an employee by the Supreme Court, but is putting the family, the dependents of the petitioner, to the unwarranted hardships also”, read the order.
“In such a scenario, if the Court remains a silent spectator that would amount to contributing to the wrong done by the respondents and will certainly shake the faith of the society in the judicial institution”, Justice Magrey observed.
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