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| HC imposes costs on Com/Secy School Education | | | Et Report
Jammu, Aug 8 : In a landmark judgement, Justice Dheeraj Singh Thakur of J&K High Court Jammu Wing has imposed Costs Rs 30,000 upon Commissioner/ Secretary School Education Dept and today adjourned the hearing of case subject to payment of cost.
Court further ordered that cost to be paid by the Commissioner/Secretary School Education Dept from his person. This significant order has been in a petition filed by one Vikram Singh Rana in which Adv DK Khajuria appearing for the petitioner, Justice DS Thakur observed that the petitioner had in the earlier round of litigation filed petition in the year 1995, this petition was allowed by a judgment and order dated December 4, 1998 with the directions that respondents-authorities would take necessary steps with view to issue letter of appointment, let this be done within a period of two months. It is however, made clear that petitioner would get all benefits which were given to other employees who were junior to the petitioner, minus monetary benefits. This order has not been complied which force the petitioner to file contempt petition. This contempt petition was disposed of on March 1, 2004 on the ground that same was rendered infructuous as it was reported to the Court that Secretary SSRB had made a recommendation on February 28, 2004 in favour of the petitioner recommending his name for junior assistant (typist).
The court further observed that neither has any affidavit been filed not anybody has bothered to appear representing the state. The attitude of the respondents is purely callous and indifferent to the orders of the Court, the entire exercise undertaken by the petitioner and the efforts of the Court resulting in the judgment and order in his favour as reflected in the order dated December 4, 1998 is rendered infructuous. Despite directions for appointment of petitioner as so far back in the year 1998 nothing has been done. The respondents have not even apprised, Court of the reasons for non-implementation of the judgment and order December 4, 1998 passed by the High Court. The court further observed further observed that the failure on the part of the Commissioner/Secretary School Education Dept to comply with the directions of the Court as resulted in delay which was clearly avoidable. Neither has the affidavit been filed in terms of the earlier orders of the Court nor has the Commissioner/Secretary School Education Dept remained present in person. Today's hearing is therefore, adjourned subject to payment of Rs 30,000 as costs to be paid by the commissioner/secretary School Education Dept from his person. Court made it clear that in case the affidavit is not filed within 10 days from today or failing which he does not appear in person, bail warrants shall be issued against Commissioner/Secretary for his appearance on the next date of hearing. Court ordered that the cost to be paid to the legal service authority within a period of 10 days. (JNF ) |
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