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Court order has to be implemented within time, if extension not sought and granted : DB 8/3/2015 11:02:47 PM Early Times Report Jammu, Aug 3 : A Division Bench (DB) of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohd Magrey in a LPA holds that judgment/ Order of the court has to be implemented within the given time, if extension is not applied for and granted. These directions have been passed 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 (now dead), prayed for issuance of writ of mandamus directing the appellant to take him back into the service as Khidmatgar and to pay him all arrears of salary from the date his services were terminated i.e. with effect from 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. It may be noted here that during the pendency of the writ petition the writ petitioner died on 05/07/2006 and respondent nos. 1 to 3, wife and daughters were brought on record as they 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 from 05/07/1986 and extended his leave for one month by submitting an application. Later a show cause notice was issued on 19/03/1987 which was replied explaining the reason for his absence. The appellant without holding any enquiry dismissed the writ petitioner from service on 04/08/1987. The said order was challenged by the writ petitioner in SWP no. 1190/1994 which was allowed by this Court by order dated 22/07/1997 by quashing the order dated 04/08/1987 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. "But if petitioner 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, court said. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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