Slackness or indolence is too soft a phraseology to castigate the functioning of the State Health Department when we take into consideration the displeasure and dismay of the Division Bench of J&K High Court which has been hearing the case of regularization of various categories of officers in the Department. This is not the first instance of a State Department showing brazen indifference to the order of the court. Earlier also in these columns we have described how overtly State Departments subvert the court orders obviously with the purpose of shielding some of the blue-eyed boys.
On January 1, 2013, the High Court ordered the Department of Health to regularize around 50 top officials of the department including Directors. Actually there are 3 posts of Directors, 8 posts of Deputy Directors and 48 posts of Chief Medical Officers (CMOs) which were required to be regularized in the light of the order of the court. Fifteen months have gone by and no initiative has been taken by the Department of Health towards the implementation of this order. Obviously there are some with vested interest who are scuttling the implementation of court order. When this was brought to the notice of the Court, naturally it felt embarrassed and disappointed on the functioning of the administration.
It is a matter of great concern that the some departments of the State administration are deliberately trivializing the court order. Unfortunately, despite repeated warnings to the Government to uphold the sanctity and authority of the judiciary, instances of disregard for the court order are being repeated. It does not augur well for the health of the State. The court has very clearly pointed out rank inefficiency in various segments of the State administration including the Public Service Commission. For example when the counsel claimed that the Health Department had already passed on to the PSC some recommendations and suggestions in the matter, the court asked the PSC why it had not acted on those suggestions without loss of time and had let the matter drag on indefinitely? The court has also subtly indicated that the delay and procrastination in implementing its order of 01-01-2013 tell us that the Government has no intention of disturbing the sitting Director of Health Services. How come the Government is trying to protect the interests of one of its functionaries at the cost of the interests of so many of his subordinates or colleagues? Health Department is not a private fief where a boss enjoys monopoly of powers and can do or undo whatever is his will.
There are concerted efforts by vested interest for undermining the status and powers of the High Court. A person aggrieved by the administration for not meting out justice to him, is forced to knock at the door of the High Court. And if the orders of the High Court also are disregarded by the administration, where is the aggrieved person expected to go for justice? The Government is providing grist to the machinery that will defame it and create a vast majority of sympathizers with the victimized people. This is contrary to the objective of a democratic and welfare state. The state’s duty is to unite people and provide justice to them. But by undermining the authority of the court, the Government is trying to impose its will arbitrarily on the people. We hope that good sense prevails upon the administrative echelons in our State so that the issue is handled carefully.
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