Early Times Report
Jammu, Sept 30 : High court chief justice N Paul Vasanthakumar today directed that if the compliance order of petitioner's regularisation was not produced on the next date of hearing, the PHE chief engineer, Srinagar, would have to bear the cost of Rs 90,000, ie Rs 10,000 for each year's delay. The court directive came in a petition filed by Irshad Ahmad Mir for not implementing the August 13, 2007 court order in which it was clearly mentioned that the petitioner who was was engaged as daily wager in PHE department in 1989 and completed 18 years continuous service in 2007. As his services were not regularised under SRO 64 of 1994, he had claimed parity with others similarly placed with him granted regularization retrospectively from 1996. The CJ observed that since the court order was implemented, the petitioner preferred the instant contempt petition and this court by its November 8, 2012 order had directed the respondents to file statement of facts and compliance reportwithin two weeks. Even after granting two weeks' time which was over on November 22, 2012, no compliance report had been filed till date. Thus the August 13, 2007 order had not been obeyed for over nine years. Three months' time was granted to follow procedures if any noticed by the respondents. He said when the matter was listed on September 5, 2016, this court had directed the presence of CE of PHE department, and superintending engineer, hydraulic circle, Khannabal, Anantnag, to appear in person and explain as to why they should not be punished for committing contempt of court.
The CJ observed that since the CE was responsible for not implementing the court order, a final chance be given to him to produce the compliance order granting regularisation of petitioner's service by October 4, 2016. He said if the compliance order was not produced on the next date, this court might impose a compensation of Rs 10,000 for each year's delay, ie Rs 90,000 for 9 years which the PHE CE had to pay.(JNF) |
