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| Implement Court judgment or appear in person: HC directs Law Secy. | | ‘Takes serious note of Finance Department observations’; issues show cause notice | | Early Times Report
Jammu, Aug 21- While taking serious note of non- compliance of the Court directions, Justice Nirmal Singh of J&K High Court Jammu Wing in a contempt petition today directed the Principal Secretary Law to implement the judgment passed on March 26, 2008 in letter and spirit on or before the next date of hearing. In case the compliance is not made, the respondent Principal Secretary Law shall appear in person on the next date of hearing.
The Court also issued notice to the Secretary Finance Department to show cause as to why proceedings against him be not initiated under the Contempt of Court Act.
After hearing senior Advocate AV Gupta with Advocate Aditya Gupta appearing for the petitioner and Additional Advocate General AH Qazi appearing for the state, Justice Singh took serious note of the State functionaries and observed that this not an isolated case where the State functionaries are either not making compliance of the orders/judgments passed by this Court or are adopting delaying tactics and seeking adjournments on one or the other pretext. Even in cases where the judgments passed by this Court are final, the State functionaries harassed the public/ litigants who are getting the orders in their favour and forced them to file contempt petition. In contempt petition also, the authorities concerned, delaying tactics and seek adjournments.
Justice Nirmal Singh further observed that in the present case also the petitioner filed a petition which was disposed off vide Judgment March 26, 2008 with the direction to respondents to consider the case of petitioner for his placement in the Gazetted cadre and release of pay scale of 8000-13500 in terms of SROs 16 of 1991 and 234 of 1991. The Court had also directed for appropriate orders in this regard within a period of three months from the date of copy of this order was made available to the respondents. The Court had held the petitioner entitled to all the consequential benefits including the arrears of salary for a period of three years prior to filling of the present petition.
Taking serious note of the observations made by the Finance Department that the petitioner is not entitled to the benefits under SRO 16 and SRO 2234 of 1991, Justice Nirmal Singh observed that the observation of Finance Department are prima-facie contemptuous in nature as the authority concerned in the said department has sit over the judgment passed by this Court. In case, the State authorities had any grievances against the judgment, they should have availed the remedy available to them but they can’t sit over the judgment passed by this Court, which has attained finality, as no appeal or revision has been filed against the said judgment. With these observations, the High Court directed the Registry to supply a copy of this order to Additional Advocate General AH Qazi and also to send a copy to the Chief Secretary of the State for doing the needful. JNF
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