Excelsior Correspondent
SRINAGAR, Aug 11: State High Court today directed for the personal appearance of Chief Secretary of State, Law Secretary and Secretary to Finance Department before the court on August 18 in case Rs 4.5 crore as salary for the Judicial Officers is not released.
The Division Bench of Chief Justice, NP Vasanthakumar, and Justice Hasnain Masoodi came down heavily on State Government for not implementing its earlier court order wherein Government was directed to release Rs 4.5 crore as salary for 38 Additional Magistrates and Special Mobile Magistrates and their attached staff.
It is pertinent to mention here that these Presiding Officers and their staff are without salary for the last five months and court took suo moto cognizance of the matter when the news about non- payment of salary to these officials was published in “EXCELSIOR” last month.
At the very outset of the hearing of the matter appearing counsel for State advocate T Khawaja (AAG) submitted that the Cabinet has not met after passing of the order, therefore, some more time may be given.
With these submission, court pulled up the State counsel and observed to him that “you are taking the court orders for granted” adding “implementing the court order is not wisdom of Cabinet”.
AAG tried his best to avert the personal appearance of these officials, but court was adamant to issue the direction for their personal appearance.
Court further observed that Judicial Officers are without salary for the last five months and after lapse of five months what has come from your side, we passed the order.
Advocat Khawaja tried his best to stop the court from passing of personal appearance order of these officials. “This will make things easier, and these officials may think that Cabinet should meet. We only want that court order be implemented”, observed the division bench.
Court while granting week’s time to State for complying with the court directions said that the official shall explain why orders of the court are not complied with. “Considering the said submission, time to comply with the order date: 30.7.15 is granted upto 17.8.15. If the order is not complied with and the amount is not sanctioned, the CS, Law Secretary, Finance Secretary shall appear in person before the court on next date of hearing to State as to why the order 30.7.15 is not complied with, so that appropriate action can be initiated against such officers”, court directed.
On 30.7.15, the court while considering the non-payment of salary to 38 Judicial Officers and staff attached to the courts, has directed the Government to release a sum of Rs 4.5 crore for payment of salary to the Presiding Officers on or before Aug 3, and issued notice to the CS, as well as Law Secretary for filing response as well as reporting compliance.
The matter was posted on 5.8.15 and on that day, the Advocate General who appeared for the CS as well as the Law Secretary of the State prayed for time to comply with the court directions. Pursuant to said request made by him, the matter was listed today for reporting compliance.
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