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| HC takes serious note for non compliance of Court directions | | ‘Directs Secretary Home to appear in person or file compliance report | |
JAMMU, MAY 24-
Taking serious note of the attitude of the respondents for non implementation of the Court directions passed in November 1999, Justice YP Nargotra of Jammu and Kashmir High Court today directed Mr. BS Salathia AAG to file the compliance report on the next date of hearing, failing which Secretary Home Department shall appear in person to explain his conduct and directed the registry to list the case on June 8, 2007.
Justice Nargotra, after hearing Advocate DS Chouhan appearing for the petitioner and Additional Advocate General Mr. BS Salathia appearing for the State and Advocate Deepika Mahajan appearing for the Union of India, said that despite assurance extended by Mr. BS Salathia AAG on the last date of hearing to ensure payment of interest in terms of the judgment to the petitioner, the same has not been paid so far while Mr. Salathia has sought some more time.
The husband of the petitioner who retired from service in 1974 when the Kashmir Special Police was disbanded was not granted the pension and other retirement benefits from 1974, while all other persons of KPS were granted the same.
The petitioner’s husband approached to Prime Minister and later died on April 3, 1993. The widow of Bhaskar Nath Bali, Shanta Devi filed a petition in the State High Court which was decided on November 16, 1999, whereby the Court directed the respondent to decide the pensionary claims of the petitioner within a period of three months. According to the petitioner, the respondents decided the case of the petitioner for grant of family pension and other retirement benefits with effect from April 4, 1993 instead of 1974, the date of retirement while he died on April 3, 1993. As per the Court order, petitioner Shanta Devi was granted family pension but not the interest despite Court order.
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