Excelsior Correspondent
JAMMU, May 1: Taking serious note of non compliance of directions, Chief Judicial Magistrate (Sub-Judge) Jammu Anjum Ara today ordered attachment of personal salary of Principal Secretary Education Department and Director School Education.
“Counsel for judgement debtors has submitted a status report on behalf of judgement debtors and as per communication No. Edu-LGL0Jmu (Cou)/15/2021-04 dated 27.04.2023 the case of the petitioner was submitted to GAD vide office No. Edu- LGL/13/2021-01 on 05.04.2023 for creation of post in favour of decree holder and presently the file is lying with GAD for consideration of the matter”.
After hearing Advocate Koushal Parihar appearing for the petitioner, the court observed, “the counsel for decree holder submitted that the post of a teacher on supernumerary basis has already been created as stated in communication no. Edu-LGL/13/2021-01 dated 22.12.2021 and the case of decree holder cannot be reopened again by the judgment debtors and they are just trying to delay the proceedings of the case”.
“From the report it transpires that Additional Secretary has already by way of communication to Director School Education Jammu mentioned that the matter was taken up with Finance Department, which vide letter dated 08.12.2021 conveys its concurrence to the creation of one post of a teacher on supernumerary basis with effect from 26.03.1987 and monetarily from the date he takes over the charge of the post to comply with the orders of the court subject to conditions that the post of the teacher shall ceased to exist when incumbent vacates the post due to his promotion, retirement, or due to availability of vacancy in the department”, the court observed.
“On the last date of hearing, judgment debtors sought further time to execute the decree and they were directed to file compliance reports before the court. However, instead of filing the compliance report, judgment debtors have submitted a status report without complying with the orders”, the court said, adding “counsel for GAD has also failed to submit any compliance report”.
Accordingly, court directed GAD to submit compliance report on next date of hearing. However, in order meet the ends of justice court directed that the personal salary account of judgment debtors– Principal Secretary Education Department and Director School Education be attached till further orders.
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