Excelsior Correspondent
Srinagar, Apr 30: The High Court has warned authorities for contempt proceedings for non-compliance of court judgment and sought personal appearance of higher officials in case the judgment is not complied with by the next date.
Justice Sanjeev Kumar expressed serious concern over not implementing the judgment with regard to settling of pensionary benefits to the J&K Road Transport Corporation (RTC) employees. The judgment was passed in 2021 and HC sought personal appearance of Commissioner Secretary of Transport, Finance in case judgment is not complied with.
As per the stand of the Managing Director, J&K RTC Baramulla, the matter has been referred to the Administrative department.
The Commissioner/ Secretary to Government, Department of Transport, in its recent compliance report has submitted that with a view to comply with the judgment of this court, the department requires a sum of Rs. 5.3 crore approximately and that he has taken up the matter with the Finance Department. He further submitted that the department has also filed an appeal against the judgment which is pending adjudication before the Division Bench.
Court said the Secretary to the Government, Department of Transport is, thus, non-committal about the compliance of the judgment. In its earlier order, the court had amply clarified that respondents are bound to comply with the judgment, despite the pendency of appeal.
The Division Bench has specifically declined to pass any interim order and has rather provided that the benefits paid to the members of the petitioner association in terms of the judgment of the Single Bench order dated 27.1.2021 shall be subject to the outcome of LPA.
“When the matter is amply clear, I fail to understand as to why the respondents are refusing to accept that they have no option but to comply with the judgment passed by the Single Bench which shall be subject to the outcome of the LPA,” Justice Kumar said. The court cannot be silent spectator to the machinations of the respondents aimed at defeating the judgment of this court, he added.
“It is a fit case where Robkar needs to be framed against the Secretary to Government, department of Transport, and Secretary to the Government, department of Finance. However, before doing so, one last and final opportunity of three weeks is granted to comply with the judgment failing which the Secretary to Government, Department of Transport, and Secretary to Government, department of Finance, shall appear in person on the next date”, the Court directed.
The writ court in its judgment had directed the Finance department to consider the request of its 389 retired employees within four weeks with regard to their pensionary benefits. These employees were seeking parity at par with the Government employees and for paying them retiral benefits including gratuity and pension as extended to such employees who were earlier working in the erstwhile Government Transport undertaking.
While allowing their plea, the writ court had held that they are entitled to all the retiral benefits, including pension and gratuity on the analogy of the employees of the Corporation who were employees of Government Transport undertaking and had opted for the service of the Corporation.
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