Excelsior Correspondent
Srinagar, Oct 16: High Court observed that the trend of playing with the orders of court requires to be arrested and directed the School Education authorities to comply with the 7 year old judgment.
Dealing with a contempt petition seeking implementation of judgment passed way back in 2014, the court of Justice Sanjay Dhar directed the Commissioner Secretary and Director School Education Department to comply with the judgment by the next date of hearing or appear before the court.
Court directed both the officials if the compliance of judgment is not filed by next date then appear in person to explain as to why proceedings in accordance with law be not initiated for having violated the orders of the Court.
Court said that taking a serious view of the matter is the need of the hour. Before the court would take the coercive steps against the contemnors, the counsel appearing on their behalf has prayed that one last opportunity may be provided to him to comply with the judgment of this Court.
“At his request, for the present, the Court refrains from passing any adverse directions against the respondents. However, it is directed that respondents shall file compliance report positively by next date”, Court directed.
Court in view of controversy involved, had disposed of the petition in January 2014 with a direction to respondents to finalize the seniority list and issue the same by according consideration to promotion of petitioners and their colleagues in accordance with the Final Seniority List.
During the pendency of the contempt petition, respondents filed statement of facts firstly on 27.08.2014 and thereafter on 20.12.2016. In the first statement of facts, it was conveyed to the Court that the Department is in the process of verification of the PG Degrees of the petitioners from their concerned DEC recognized Universities and in case, it is found that the petitioners fulfil the requisite condition laid down in the Government Order No. 252-HE of 2012 dated 30.05.2012, their case for promotion will be considered.
In the subsequent statement of facts filed in 20.12.2016, it was informed that the matter was examined in the Department and it was necessary to build a comprehensive mechanism in light of the Cabinet Decision No. 104/14/2012 dated 16.05.2012 and the Government Order No. 252-HE of 2012 dated 30.05.2012.
Court was further submitted that the Department is examining alternative proposal either to conduct test in pursuance of the Government directions or to frame a uniform eligibility test for promotion of Masters as Lecturers, however, the same may require amendment in the relevant recruitment rules.
The court on consideration of subsequent statement observed that the respondents are trying to hoodwink the process of Court as no further information has been given to the Court in spite of the fact that repeated directions were passed by this Court asking the respondents to file statement of facts.
“It is an irony that an order passed by this Court way back in January, 2014 is not being complied with even after a lapse of more than seven and half years and the petitioners are being denied fruits of the judgment which they have earned from the writ court”, Justice Dhar recorded.
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