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| HC censures UT for non-compliance with order on regularisation, salary arrears | | | Early Times Report
JAMMU, Aug 7: The High Court of Jammu & Kashmir and Ladakh on Tuesday dismissed a writ petition filed by the Union Territory administration, criticising its failure to comply with a previous judicial directive regarding the regularisation and salary arrears of a daily-wager engaged over three decades ago.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar upheld the judgment of the Central Administrative Tribunal (CAT), Jammu, which had directed the release of salary to Nawab Din, a former daily-rated worker in the Social Forestry Department, from the date he completed seven years of continuous service.
The UT government, through Vishal Bharti, Deputy Advocate General, had contested the CAT's order dated February 18, 2025, asserting that the regularisation of the respondent's services had been granted only on a notional basis, with financial benefits applicable prospectively from January 27, 2024, vide Government Order No. 24 JK(FST) of 2024.
The Court, however, found this stance to be in breach of its earlier judgment passed on June 4, 2012, in which the government had been unequivocally directed to regularise the services of the respondent from the date he became eligible under SRO 64 of 1994, and to disburse all consequential arrears.
Observing that the administration had acted in a manner that sought to "overreach and circumvent" the Court's directions, the Bench noted:
"This case reflects a mindset with which the bureaucracy in the Union Territory works… even the concluded judgments passed by this Court are not spared."
While the Court refrained from imposing costs in view of the passage of time and probable retirement of responsible officers, it stressed the need for accountability and adherence to judicial pronouncements in a system governed by the rule of law.
The writ petition was accordingly dismissed.
(JNF) |
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