SRINAGAR, Dec 6: The High Court today observed that the authority has dragged the final decision of the court on the pretext of examining and re-examining in order to avoid the judgment and issued notice to Secretary Rural Development and Panchayat Raj Department to show cause as to why he shall not be proceeded against.
Justice Sanjay Dhar recorded that the statement of facts filed by the concerned authority is that he has simply dragged the case by examining and re-examining it at several levels without actually implementing the judgment of the Writ Court. The series of statements of facts court said, filed by the respondents in this case only reflects either lethargy and mediocrity in the functioning of the offices of the respondents or their wilful disobedience to the judgment of the Writ Court.
In both the cases, the situation cannot be termed as ideal. It is high time that the respondent is dealt with sternly so that the judgment of this Court is not treated with disdain, particularly when the judgment has acquired finality and there is nothing on record to show that the same has been challenged before any higher forum”, Justice Dhar recorded and directed the Registry to issue notice to the respondent-Secretary asking her as to why proceedings under Contempt of Courts Act be not initiated against her.
It is noted that vide the court judgment, the Government ordered review of the issue of re-designation of Helpers in the department and for that purpose a committee was constituted comprising Additional Secretary to the Government Department of Rural Development and PR-Chairman, Financial Advisor/ CAO Department of Rural Development and PR-Member, Joint Director/ Dy. Director Directorates of Rural Development Jammu/ Kashmir-Member and Public Law Officer, Department of Rural Development and PR-Member and the said committee was directed to submit its report on the issue within two months.
Secretary of the department by filing a fresh statement of facts submitted that the matter was re-examined by the Department after obtaining the information in respect of helpers of Jammu Division from Director Rural Development Jammu and Director Rural Sanitation and it was found that the Director Rural Development Jammu and Director Rural Sanitation has furnished the cases of 379 helpers, which were examined. However, the concurrence of Finance Department in respect of these 379 helpers is required to be obtained before submitting their cases for consideration of Administrative Council through General Administrative Department.
She further added that the helpers of the Kashmir Division filed a representation which was examined and it was found that the Finance Department has already conveyed its concurrence in respect of helpers of the Kashmir Division for induction of the posts of helpers in existing hierarchies of the Department and a proposal giving all details including the recommendations of the committee, jurisdiction, impact of re-designation, fitment in seniority list, implications in other cadres etc as advised by General Administrative Department in respect of 945 helpers of Rural Development Department Kashmir in the departmental hierarchies is under active consideration of the department.
Court after Perusal of the Judgment and hearing the Senior Counsel Jehangir Iqbal said the Committee constituted by the Government submitted its report in 2018 on the issue pertaining to the case in hand and about three years have passed since then, the hapless petitioners are still struggling to get the judgment of the writ court implemented.