Excelsior Correspondent
Srinagar, Apr 7: The High Court today granted the Government three weeks time to implement the judgment in which compulsory retirement of Managing Director Medical Supplies was declared as null and void.
The Court of Justice Mohammad Yaqoob Mir in a contempt petition of Dr Reyaz Ahmad directed the authorities to implement the judgment in its letter and spirit and report compliance to the court by next date of hearing.
The contempt petition has been filed by Dr Reyaz against Chief Secretary, Commissioner/ Secretary H&ME and Commissioner /Secretary General Administration Depart-ment stating that the failure of the respondents to implement the judgment of the court in its entirety with respect to release of consequential benefits in favour of the petitioner is without any lawful authority or justification as such are required to be dealt with firmly and seeks punishment of the them in accordance with law.
“The same is in total disobedience of the judgment of the court, smacking of deliberate, willful and intentional non-compliance of the mandate of the law laid down by the court. The same constitutes contempt of court being subversive of the rule of law and majesty of the court”, the petitioner submitted.
Court last year quashed the retirement order of Dr Reyaz, who was compulsorily retired from his services along with 60 other employees including various KAS officers after they were declared as deadwood by the Government of the then Chief Minister late Mufti Mohammad Sayeed. Court while quashing the Government order held the same is unsustainable and unsound in the eyes of law.
It is mentioned here that the State has challenged the judgment before the division bench of the court which is pending for consideration but till date no stay on writ court judgment has been passed in the said appeal. “Therefore, three weeks time is granted to the respondents for implementing the judgment in its letter and spirit and to report compliance”, Justice Mir directed.
“The authorities have not examined the entire service record of the petitioner including his Annual Progress Reports (APRs) and Annual Confidential Reports (ACRs)”, court said which showed excellent performance tendered by the employee during his service period and added the committee has not considered the entire record of the petitioner as not even a single adverse remarks are recorded in APRs and ACRs of the petitioner.
Supreme Court recently also has rejected the plea (SLP) filed by the Government challenging therein the judgment of High Court declaring the compulsory retirement with the observation that if APRs of the employee show excellent performance then how could he be declared as ‘deadwood’ and retired compulsory from his service.
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