Excelsior Correspondent
JAMMU, July 2: Taking serious note of delay in implementing the direction which was passed 19 years back, Chief Justice N Paul Vasanthakumar today directed Commissioner Secretary School Education Department to pay Rs 50,000 compensation along with Rs 20,000 as costs to the petitioner.
“The order of this court is complied with after 19 years, which is a deliberate act of contempt. Punishing the persons responsible for the long delay is not possible as several officers served earlier have relieved as there was 19 years of delay in implementing the order”, Chief Justice observed in a petition titled Abdul Subhan Waza Versus Farooq Ahmad Fakhtoo and Others.
“This court is of the view that the 1st respondent shall pay a sum of Rs 50,000 as compensation to the petitioner for the non-compliance of the order dated 29.08.1997 which was further directed to be implemented by subsequent order dated 24.03.2011. The 1st respondent shall pay a compensation of Rs 50,000 along-with cost of Rs 20,000 already imposed by order dated 24.03.2011 to the petitioner within a period of two weeks from the date of receipt of copy of this order”, Chief Justice directed.
The case of the petitioner in this contempt petition was that he was working as a Teacher in Falah-i-Aam Trust which was banned and a decision was taken by the Government to absorb all those teachers who were working in the Trust. The respondents prepared the list and petitioner figured at Sr. No. 103 which was conveyed to Zonal Education Officer, Pattan vide No. 10813-38 dated 14.03.1991.
Pursuant to the order, petitioner joined in the office of Zonal Education Officer Pattan on 20.06.1990 for further adjustment, but allegedly stayed away thereafter. According to the petitioner, he later produced a medical certificate before the ZEO that he was receiving treatment in the Bone and Joint Hospital from 01.06.1992 to 30.06.1992. Thereafter, the petitioner when reported for duty was not allowed to join due to which he was constrained to file a writ petition and court by order dated 29.08.1997 directed the respondents to pass appropriate orders on the proposal of respondent No. 4 conveyed vide communication dated 22.07.1992 within a period of two months.
Inspite of service of notice of the order, the respondents failed to implement the same following which petitioner filed contempt petition for non-compliance of the direction dated 29.08.1997. The contempt petition was disposed of on 18.05.1998 with a direction to respondents to comply with the direction contained in the judgment dated 29.08.1997 read with order dated 18.05.1998 with costs of Rs 20,000 to be paid to the petitioner with further direction that the amount of costs shall be recovered from respondents 2 and 3 who were manning the posts on the relevant date.
When the matter was listed on 10.06.2016, neither compliance report was filed nor Director School Education was present. Hence, Superintendent of Police, Srinagar was directed to secure presence of the Director, School Education, Kashmir and produce him before the court. Today, when the matter was listed for hearing, Sajad Mir, DyAG produced Government Order No. 187-Edu of 2016 dated 25.05.2016 indicating compliance with the direction of the court.
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