Excelsior Correspondent
SRINAGAR, July 11: High Court today issued contempt notice to Commissioner Secretary Tourism for non-implementation of a transfer order of an Assistant Executive Engineer (AEE).
The Government transferred an AEE from the Public Works Department (under order 214 PW(R&B) of 2012 dated 27-04-2012) to Tourism Department (Maintenance and Works) on PWD post. He was allowed to join by the department but neither his salary has been drawn nor he has been assigned any work since April. This is for the third time since 2009 that Tourism Department refused to honour the transfer order of the PWD for posting any AEE on their own post in the department.
The AEE joined the department on April 28 on a post that was already occupied by an AEE from PHE Department. Since the post belongs to the PWD and PHE AEE’s stay was mature, Director Tourism Kashmir wrote a letter (No. EST/PF/282/2526/DTK dated 11-05-2011) to the Commissioner Secretary Tourism for shifting of the AEE PHE from Tourism Department.
The Commissioner Secretary PWD also wrote a letter (O M No. PW(R&B)G PF/2012 dated 15-06-2012) to the Commissioner Secretary PHE for recalling of the AEE who was working on PWD post in Tourism. The Commissioner Secretary PHE recommended for his recall and attachment (File No. 127/2012) with Chief Engineer Irrigation.
In the meantime as AEE PWD’s salary was not released and he had no job assignment, he approached the High Court for relief. The Court in its order dated June 15, 2012 observed that despite joining of the AEE PWD in Tourism Department his salary was not released and the Tourism Department was trying to accommodate some other person. It directed that AEE’s salary be released in two weeks and so far it was not released in two weeks.
The Additional Advocate General (AAG) who appeared on behalf of Government in the case, in his legal opinion to the Commissioner Secretary and Director Tourism had requested them to implement the court order and allow him discharge his duty and draw his salary against the post which he had joined. He had also warned them that non-implementation will be deemed as violation of court orders.
The AAG has also opined that since the AEE PHE has joined against the sanctioned post of R&B, the person who was working against the R&B sanctioned post stands automatically relieved. The Government advocate had also written to the Tourism Department to implement court order to avoid contempt of court.
This is not for the first time that the Tourism Department is not honouring the PWD order. In 2009, PWD posted AEE Zamir Ahmad (Govt. order No. 335-PW (R&B of 2009 dated 29-12-2009) in the Tourism Department after the post felt vacant with the promotion of the then AEE. But the AEE was not allowed to join on the PWD post while AEE from PHE Department was accommodated on the post. In 2012, PWD under Government order 75-PW(R&B) of 2012 dated 08-02-2012 posted AEE Ishfaq Ahmad on their post in Tourism Department but he was too not allowed to join.
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