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| HC seeks personal appearance of Com/Secy PDD, MD JKPDC | | | Early Times Report
Jammu, Apr 12: In a contempt petition, Justice Ali Mohammad Magrey took serious note and directed Commissioner-Secretary to the Government, Power Development Department; Managing Director, JK Power Development Corporation, on the next date of hearing.
Court also directed respondents to deposit an amount of Rs. 50.00 lacs before the Registry of this court against the claim of petitioner of his post- retirement benefits including gratuity. Failure of the respondents in complying with the judgment in tune with the order passed today shall constrain the court to adopt the coercive methods, Justice Magrey observed.
In the contempt petition, Petitioner sought implementation of the Judgment passed by this Court on 08.04.2015 in SWP No. 184/2011, whereby this Court had quashed the decision of the Jammu and Kashmir State Power Development Corporation, rejecting the claim of the petitioner with reference to payment of his post- retirement benefits, with further direction to pay all benefits including gratuity etc., to the petitioner in accordance with the rules within a period of four weeks from the date copy of the order is served.
The court observed that the compliance report filed by the Managing Director is only an eye wash aimed at to delay the implementation of the judgment which has earned finality after dismissal of the SLP by the Supreme Court. The competence of the Commissioner-Secretary and the Managing Director cannot be a ground of non-compliance of the judgment.
Justice Ali Mohammad Magrey observed that inaction of the respondents is not only depriving the petitioner of his legitimately earned dues as pensionary benefits, but is putting the family, the dependents of the petitioner, to the unwarranted hardships also.
Justice Ali Mohammad Magrey observed that here is no option left for the court but to seek the personal appearance of the respondents, Commissioner-Secretary to the Government, Power Development Department; Managing Director, JK Power Development Corporation, on the next date of hearing. |
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