Excelsior Correspondent
Srinagar, Aug 23: As a punishment for not implementing the final judgment, High Court directed the Principal Government Medical College Srinagar to deposit Rs 50 lakhs before the court in case service benefits are not released in favour of the petitioner-employee by September 15.
Hearing the contempt petition filed by the petitioner-Abdul Rashid Wani for seeking implementation of the final judgment passed by the court way back in 2016, Justice Sanjeev Kumar directed the Principal GMC Srinagar, Samia Rashid, to deposit 50 lakhs before the registry of the court if she fails to release the service benefits and finalize the case of the petitioner-Wani.
Court also directed her to remain present in person before the Court on the next date of hearing. “The officers of the accounts/administrative section shall also remain present before the Court on the next date of hearing along with relevant records. List on 15.09.2022”, Court directed.
Wani’s claim for settlement of his service benefits remained pending with the respondent while reaching the age of superannuation and retired on 31.05.2003. His claim for premature retirement from the government services was rejected vide Government order 127-HME of 2008 dated 11.02.2008. Thereafter, in terms of Government order No. 415- HME of 2008 dated 16.05.2008, his services were terminated on the ground that he remained unauthorizedly absent from the duties w.e.f. 18.07.1989.
Challenge the government order No. 415-HME of 2008 dated 16.05.2008, the writ court on consideration of the matter and in terms of final judgment passed on 23.03.2016, allowed the writ petition and quashed the Government order in terms whereof his services were terminated with further direction to the respondents to pay all the service benefits in accordance with the rules.
In compliance to the order passed on 01.07.2021, Additional Chief Secretary, Health and Medical Education Department, submitted that the department has implemented the judgment with the issuance of Government Order No. 527-JK(HME) of 2021 dated 30.07.2021, which reveals that Government in implementation of the judgment, had rescinded the termination order and directed that that all the service benefits shall be paid in accordance with rules to the petitioner.
The Principal Government Medical College, Srinagar, is not implementing the order, which formed the ground for directing withholding of her salary and subsequently, on motion, his salary was released on the condition that she will implement the order in letter and spirit.
In terms of order dated 16.07.2021, while noticing that Principal, Government Medical College, Srinagar, has not implemented the order despite implementation by the Government, directed stoppage of her salary and perks with further direction to comply with the judgment within one month.
When the matter was taken up for consideration today, the counsel sought some more time to submit the compliance, which was resisted by the other side. “Petitioner, a litigant before this Court is not getting the benefit of the judgment, which has attained finality after dismissal of the Letters Patent Appeal and Special Leave Petition in Supreme Court, filed by the respondent-authorities. The Respondent- Principal, Government Medical College, Srinagar, is unnecessarily delaying the implementation, which amounts to further contempt of the Court”, Justice Kumar recorded.
Court asked the Principal to work out the entitlement of the petitioner by utilizing the services of accounts and administrative section of the College and the petitioner shall also be associated with the same.
The exercise, court directed, shall be undertaken and completed within a period of three weeks from today and during this period the court added that all the benefits shall be released in favour of the petitioner, as directed by this Court.
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