Non-implementation of judgment passed 11 years ago
JAMMU, July 26: Coming to the rescue of employees who are waiting for compliance of judgment passed in 2009, High Court has sought personal appearance of Principal Secretary to Government Home Department and DGP State Disaster Response Force (SDRF) on August 12 to explain as to why contempt proceedings be not initiated against them for non-implementation of the judgment.
The significant order has been passed by Justice Ali Mohammad Magrey in a contempt petition filed by 85 petitioners alleging violation of judgment dated 1st of December, 2009 passed by the Writ Court.
While seeking personal appearance of these two higher officials, Justice Ali Mohammad Magrey said, “by order dated 3rd of February, 2020, this court observed that the instant contempt petition is filed by 85 petitioners who allege violation of judgment dated 1st of December, 2009 passed in SWP No. 211/1999, operative paragraphs whereof read as Rule 5-AA squarely applies to the consolidated pay employees the way it applies to the daily rated workers”.
“Therefore, 50% of continuous work as consolidated wage service has to be counted with regular service for the purpose of grant of in-situ promotion. The fixation, therefore, has to be made afresh because the earlier fixation made in the year 1995, where-under service of the petitioners has been reckoned with effect from 30.3.1973, has to be changed”, High Court said.
While fixing pay for grant of in-situ promotion, 50% of continuous service which as the petitioners have spent on consolidated basis shall be counted with regular service and accordingly first, second and third higher standard pay scale as shall be warranted under such fixation shall be allowed. The excess amount as a result of earlier fixation, if found to have been drawn on re-fixation, shall be adjusted.
“The objection of the respondents that the instant contempt petition is not maintainable on the ground that the petitioners in the present contempt petition were not the petitioners is unsustainable and, as such, rejected”, High Court had observed and accordingly ordered the respondents to file compliance of judgment dated 1st of December, 2009 failing which appropriate orders shall follow on the next date of hearing.
The respondents were thus granted time to submit the compliance of the judgment dated 1st of December, 2009 till 24th of February, 2020, which time, on request of the counsel for the respondents, was further extended on 10th of August, 2020; 28th of August, 2020; 20th of November, 2020; 25th of November, 2020; 9th of December, 2020; and 28th of December, 2020.
When the matter came up for hearing today, Justice Magrey observed, “the needful, till date, has not been done by the respondents despite availing umpteen opportunities”, adding “judgment passed by the Writ Court way back on 1st of December, 2009 has remained unimplemented despite assurances and undertakings extended by the respondents from time to time”.
“The respondents, on one pretext or the other, are delaying implementation of the judgment inasmuch as no effective steps have been taken by them to ensure implementation of the judgment passed by the court”, Justice Magrey said, adding “there is no other option for the court but to seek personal appearance of the officer(s) concerned”.
Accordingly, Principal Secretary to Government, Home Department and DGP, State Disaster Response Force (SDRF)/ Auxiliary Police were directed to appear before the court on the next date of hearing so as to explain as to why contempt proceedings be not initiated against them for non-implementation of the judgment passed in the year 2009.