Excelsior Correspondent
Srinagar, July 19: The High Court has sought personal appearance of high ranking officers of Health and Medical Education Department for non-compliance of court judgments.
Justice Ali Mohammad Magrey while hearing a contempt petition and the submission made therein by the senior Advocate Altaf Haqani sought personal appearance of Additional Chief Secretary (ACS) and Director H&ME department if they failed to submit the compliance of judgment.
The precise case set up by the petitioner-employees is that they are working as Class-IV employees in the Health Department on substantive basis from the last 15 years and a controversy regarding the correct allotment of General Provident Fund (GPF) Computer Code numbers of Class-IV employees working in the offices of the Block Medical Officers, under the control of concerned, was raised in January, 2018.
The said communication, as stated, advised that the GP Fund contribution of the 133 employees including petitioners, till further instructions, may be stopped. This communication was followed by another letter dated 30th of January, 2018 directing for stoppage of salary of the Class-IV employees mentioned in letter dated 29th of January, 2018.
The writ court while allowing their plea quashed the impugned order bearing No. 381-NG of 2019 dated 29th of August, 2019 issued by the Director and directed to release the withheld as well as the future salary of the petitioners in lieu of the services rendered/ to be rendered by them in the respondent Department as Class-IV employees, notwithstanding pendency of any inquiry against them till final outcome of the said inquiry in accordance with law.
The writ court while allowing the plea of these employees quashed the order impugned. The authorities aggrieved of the judgment of writ court challenged the same before Division Bench in an appeal which came to be dismissed at its very threshold.
Justice Magrey after hearing the senior counsel Haqani said the need for asking the personal appearance of the officers has arisen because of the final judgment passed last year is not implemented for more than a year and even after dismissal of the Letters Patent Appeal.
“Taking note of the dismissal of the LPA as also the approach adopted by the authorities vis-à-vis reiterating their stand of alleged fraudulent engagement, this Court in terms of order passed on June 4 2021, rejected the stand taken by the authorities in the statement of facts, being absolutely off the mark”, Justice Magrey said
Court accordingly, granted three weeks further time to the respondents for filing the compliance, with further direction that the salary including arrears be paid to the petitioners, failing which, Court shall be constrained to pass appropriate orders in the matter.
On July 5 even after a period of four weeks, the Court noticed compliance was not submitted, therefore, directed for personal appearance of the officers present today. The officers presented themselves before the Court and submitted that in order to ensure implementation of the order, they need some time because they have already submitted the case for approval to the Government and the same is under active consideration.
Justice Magrey observed to the officers that the Court will not compromise on the non-implementation of the order despite providing ample opportunities for them to file the compliance. “Three weeks’ last opportunity is granted to the respondents to submit the compliance of the order, failing which, Additional Chief Secretary to Government Health and Medical Education Department as also Director, Health Services Kashmir, shall appear in person before the Court on the next date of hearing”, Court directed.
The Court has made it clear that in the event order is implemented, the officers need not to appear in person before the Court on the next date of hearing.
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