Excelsior Correspondent
JAMMU, Apr 19: Taking serious note of non-implementation of orders, High Court today directed Chief Secretary to come up with a circular instruction for all the heads of the departments asking them to comply with the orders within fixed timeframe so as to allay the cost, men and machine of the State and mental agony faced by the litigants due to non-compliance.
“Every day contempt petitions are filed highlighting non-compliance of the orders passed by the High Court”, Justice Tashi Rabstan said, adding “what has been seen that after their diarizing and listing before the bench, the contempt petitions are dealt with casually like regular matters and the respondents-State implores in a routine manner to file statement of facts/compliance”.
Accordingly, Justice Rabstan directed the Chief Secretary to come up with a circular instruction for all the heads of the departments asking them to comply with the orders and file the same before the court on or before the next date of hearing as non-compliance of orders leads to piling up of avoidable litigations.
The landmark order has been passed in a contempt petition filed by one Kusum Bala, who is seeking implementation of judgment whereby HC had directed that the petitioner shall be treated to be in continuous service in terms of judgment/order dated 25.04.1989 passed in SWP No.795/86.
“Consequently, the petitioner would be treated to have been appointed on regular basis with effect from the date Government Order No.1220-GAD of 1989 dated 11.09.1989 came to be issued along with all consequential benefits on notional basis. In case, there is no post of Junior Assistant vacant as on date, the respondents are directed to create a supernumerary post for the petitioner. Let relevant order(s) in this regard be issued within a period of two months”, the HC order had directed in its earlier order.
“The petitioner has been hankering for justice for the last about 30 years but the respondents despite clear-cut directions from the court in previous writ petitions did not appoint the petitioner on regular basis in terms of Government order dated 11.09.1989. Rather they rejected her claim on one or the other pretext least bothering about the fact that this is the fourth round of litigation and in the melee about three decades have passed”, Justice Rabstan said.
“In the given circumstances, I really do not appreciate the manner in which the official respondents took the judicial process for a ride and rejected the case of petitioner on flimsy grounds. In the peculiar facts and circumstance of this case, the State is directed to bear and pay the costs to petitioner within a period of two months from today after proper verification and identification, which is quantified at Rs 50,000”, Justice Rabstan said.
“In case the official respondents fail to deposit the costs in the Registry and to treat the petitioner to be in continuous service in terms of judgment/order dated 25.04.1989 passed in SWP No.795/86, the Registrar (Judicial) shall frame a separate robkar against them and after issuing notice to them list the same before the court”, Justice Rabstan said.
Considering the request made by AAG Ravinder Gupta, High Court granted two weeks time to Director School Education, Jammu to comply with the order dated 24.09.2015, failing which Drawing and Disbursing Officer of the Directorate of School Education shall not release salary of the Director School Education for the month of April till further orders.
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