Excelsior Correspondent
SRINAGAR, Nov 25: The High Court has sought personal appearance of higher officials in Government for wilful disobedience of court judgments to explain why they should not be punished under contempt proceedings.
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Justice Vinod Chatterji Koul has directed for personal appearance of Director School Education Kashmir (DSEK), Law Officer J&K Funds Organization and Additional Secretary Legal if they fail to comply with the judgment in letter and spirit.
The aggrieved employees working in the Education department as contingent/ local fund paid employees have filed the contempt petition seeking implementation of judgment passed in 2018 directing therein the authorities to consider the case of these petitioner-employees for giving them the benefit of regularization and absorption against the Class-IV posts in terms of and from the date when SRO 308 of 2008, was issued, with all the consequential benefits.
The court while considering the contempt petition said the respondents have failed to implement the Judgment in letter and spirit despite sufficient time provided. Thus, 14 days’ time is given to them in the interest of justice. “In the event of failure in filing compliance report indicating compliance of judgment in letter and spirit, respondents shall remain present in the Court in person to show cause why they are not punished for non-implementation of the directions of this Court”, the court directed.
In another contempt petition the court has sought personal appearance of Commissioner Secretary (GAD) for implementing the judgment of the court passed in 2017. “Two weeks’ last and final opportunity is granted to respondents to implement the order of this Court, failing which they shall remain present in person on the next date of hearing to explain as to why they are not punished for committing the contempt of Court”, Justice Koul directed.
The court, in its judgment, had quashed the Government order of retiring the petitioner compulsorily in 2015 from his services. The court on the basis of law and facts had concluded that the impugned order of compulsory retirement of the petitioner from his services cannot stand the test of law and reason.
“Merely that a case or cases have been registered against the petitioner by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing no.882-GAD of 2015 dated 30th of June, 2015, is quashed”, the court had concluded with the directions to the authorities to reinstate the petitioner and to grant him all consequential benefits, within a period of one month.
The notice was given to the petitioner-Hammid Wani, Chief Town Planner, JDS, Jammu, to the effect that he having already rendered 22 years of service, shall retire from service w.e.f. the forenoon of the 1stday of July, 2015, can withstand the test of judicial scrutiny.
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