Finance Secy impleaded as respondent
Excelsior Correspondent
JAMMU, Oct 1: In a contempt petition, High Court has directed the Chief Engineer PHE Jammu to release wages of the daily wagers within a period of four weeks or appear in person on next date of hearing.
After hearing Advocate Sachin Sharma for the petitioner daily wagers, Justice Sanjeev Kumar directed Chief Engineer, PHE, to disburse the wages of the petitioners as are found due to them from out of the funds placed at his disposal vide communication dated 28.09.2018 within a period of four weeks.
“In case the wages of the petitioners are still not released, the Chief Engineer, PHE, Jammu shall appear in person and shall not withdraw his salary for the month of October”, High Court said.
The respondents in their compliance report submitted that part of wages of the petitioners has been disbursed. However, for the rest of the amount, the matter has been taken up by the administrative department with the Finance Department and as soon as the funds are made available by the Finance Department, the wages of the petitioners shall be released.
During the course of arguments, counsel for the petitioners, however, brought to the notice of court that the Finance Department Vide OM No.FD-VII-22(01)II-06-07 dated 28.09.2018 has already placed at the disposal of the Chief Engineer, PHE, Jammu, a sum of Rs.1187.50 lakh under the head 364-Wages(outsourcing).
On the strength of the communication of the Finance Department, counsel for the petitioners stated that the Chief Engineer, PHE is now vested with enough funds to meet the liability on account of wages of the petitioners.
Counsel for the respondents, however, submitted that the funds have been placed at the disposal of the Chief Engineer only for the purpose of releasing wages of such daily wagers only who have been paid for 12 months up to march, 2016 and are not meant for meeting the liability, if any, in terms of the orders passed in the pending cases in the courts.
“The communication, on the face of it, is contemptuous in nature. The Department of Finance is well aware that the wages of the petitioners in this petition and others petitions are payable in terms of the directions passed by this court and request in this regard too has been received by the Finance Department from the administrative department of the PHE, yet while releasing the funds, a stipulation has been made in the releasing order, which necessitates impleadement of the Principal Secretary Finance Department as party respondent in this contempt petition”, Justice Sanjeev Kumar said.
Accordingly, Principal Secretary Finance Department was impleaded as party respondent and Registry was directed to issue notice to him to explain his position as to why the request of the administrative department of the PHE Department for release of wages has not been accepted and why in the OM No.FD-VII-22(01)II-06-07 dated 28.09.2018 a stipulation has been made.
In the meanwhile, Justice Sanjeev Kumar directed the Chief Engineer, PHE, Jammu to disburse the wages of the petitioners as are found due to them from out of the funds placed at his disposal vide communication dated 28.09.2018 within a period of four weeks.
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