Withhold salary of Comm/Secy, Director AH: HC

Excelsior Correspondent
SRINAGAR, July 25: High Court in order to get its directions implemented has directed that the salary of Commissioner/ Secretary and Director Animal Husbandry Department be stopped in case salary of the casual labourer is not released.
Justice Ali Mohammad Magrey while dealing with a contempt petition filed by one Shahbaz Shafi Ganie for implementation of court direction which has reference to the regularization of his services as also payment of wages directed the Commissioner/Secretary to ensure release of funds within one week and on receipt the Director shall release it in favour of him.
“In the event, it is noticed that funds are not released for implementation of the Court Order, the salaries of the Commissioner/Secretary, Animal Husbandry Department, Civil Secretariat, Srinagar and Director, Animal Husbandry Department, Kashmir Srinagar shall stand stopped”, Justice Magrey put a rider.
In this connection, the court directed the concerned Treasury Officer as also Bank Manager, wherever details of accounts of these official are maintained to ensure that their salary bill for the month of July 2019 is not entertained.
Ganie, in his contempt petition, has alleged violation of final order passed in the year 2015. Court had directed the authorities to take a decision regarding absorption of the petitioner in the Government service with further direction that till the decision in the matter is taken, his present position shall not be disturbed and he should be paid wages regularly.
On notice, the Director filed reply to the contempt which revealed that the case of the petitioner along with other casual labourers of the department stands already uploaded on the website devised by the Finance Department for the purpose of regularization.
It was further stated that the present position of the petitioner stands maintained. However, earned wages of the petitioner have been partly released and for the remaining part requisition has been made with the Administrative Department for release of funds.
On June 2018 after considering the fresh status report, the Commissioner/Secretary to Government, Animal Husbandry Department was asked to ensure payment of outstanding wages to the petitioner within a period of three weeks.
On directions of the court Purnima Mittal, Director, Animal Husbandry Department, Kashmir who was present in Court and stated that the case for release of outstanding amount of wages is not in respect of petitioner only, but there are number of casual labourers, whose past wages have also not been released as yet, and the requisition has been made for release of funds to the Administrative Department, Government of Jammu and Kashmir.
“Admittedly, the petitioner is working as casual labourer in respondent-department and has earned the wages. The respondent-department may have some difficulty on account of non-availability of funds, but that does not absolve them from the liability of payment of wages to the petitioner who sustain the family of more than three dependents and his sole sustenance is the earnings from the department “, Justice Magrey said.