Excelsior Correspondent
JAMMU, Aug 3: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohd Magrey today held that judgment/ order of the court has to be implemented within the given time, if extension is not applied for and granted.
The observation was made in a LPA filed against the order dated 07.04.2011 made in SWP No. 665/2002 wherein the writ petitioner, namely, Ghulam Rasool Dar (since dead), prayed for issuance of directions to the appellant for taking him back into the service as Khidmatgar and paying him all arrears of salary from the date his services were terminated—04.08.1987 and to grant all promotional benefits including increments to the grade the writ petitioner was holding and to quash the order of the enquiry committee.
During the pendency of the writ petition, Ghulam Rasool Dar died on 05.07.2006 and his wife and daughters were brought on record for being the legal heirs.
The case of the writ petitioner (deceased) was that while working as Khidmatgar in Regional Engineering College, Srinagar he proceeded on leave for 15 days on medical grounds. He extended his leave for one month by submitting an application, however, no order accepting or rejecting the extension of leave was issued.
A show cause notice was issued, which was replied explaining the reason for his absence. The appellant without holding any enquiry dismissed the writ petitioner from service and the order was challenged by the writ petitioner and was subsequently quashed.
“This court granted liberty to the appellant to place the writ petitioner under suspension and to take steps to hold an enquiry into his unauthorized absence in accordance with rules and law and to pass appropriate orders within six months from the date of receipt of the order. It was further ordered that if the writ petitioner is able to explain his absence and succeeds in enquiry, he shall be reinstated in service and the suspension of giving retrospective effect to such reinstatement shall be dealt with by the competent authority in accordance with rules. But if he fails and does not justify his absence from duty, the order impugned shall remain intact leaving him free to re-agitate the matter, if so advised.
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