Early Times Report
Jammu, Oct 1: In a contempt petition for initiating proceedings against the respondents for willful disobedience and non-compliance of the interim order dated 03.03.2016 in SWP No.432/2016, whereby the respondents were directed to consider the case of the petitioners for regularization as also for release of the due wages in their favour as shall be permissible under law, Justice Sanjeev Kumar of J&K High Court Jammu after hearing Adv Sachin Sharma for the petitioner, directed Chief Engineer, PHE, Jammu to disburse the wages of the petitioners as are found due to them from out of the funds placed at its disposal vide communication dated 28.09.2018 within a period of four weeks. It is further made clear that in case the wages of the petitioners are still not released, the Chief Engineer, PHE, Jammu shall appear in person and shall not withdraw his salary for the month of October, 2018.
Justice Sanjeev Kumar observed that the respondents have filed compliance report indicating therein that part of wages of the petitioners have been disbursed, however, for the rest of the amount, the matter has been taken up by the administrative department with the Finance Department and as soon as the funds are made available by the finance department, the wages of the petitioners shall be released.
Counsel for the respondents, however, submits that the aforesaid funds have been placed at the disposal of the Chief Engineer only for the purpose of releasing wages of such daily wagers only who have been paid for 12 months upto march, 2016 and are not meant for meeting the liability, if any, in terms of the orders passed in the pending cases in the Courts. Justice Sanjeev Kumar after hearing counsel impleaded Principal Secretary to Govt., Finance Department, J&K Govt., Civil Sectt., Srinagar as party respondent and directed Registry to issue notice to the Principal Secretary to Govt., Finance Department to explain his position as to why the request of the administrative department of the PHE Department for release of wages has not been accepted. Justice Sanjeev Kumar further observed that since the order of this Court could not be complied with by the respondents herein due to in action on the part of the Finance Department, as such, it would serve no purpose by stopping the salary of the Executive Engineers, as was directed by this Court on 04.07.2018. Accordingly, order dated 04.07.2018 is modified. Salary of the Executive Engineers, whose salary was stopped vide order dated 04.07.2018, shall be released. |
