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HC issues bailable warrants against Principal Secretary Finance
Pay anomaly of constables
7/26/2012 10:21:03 PM
Jammu, July 26 (JNF) : In a petition filed by Talib Hussain and others selection grade constables in the police dept, Justice JP Singh of Jammu & Kashmir High Court Jammu Wing has issued bailable warrants against Principal Secretary to Govt Finance Dept in the amount of Rs 10,000 to secure his presence.
While issuing warrants, Justice JP Singh after hearing Adv Hafeez-ur-Rehman appearing for the petitioners whereas Additional Advocate General Gagan Basotra for the state and Adv Ashok Misra for the respondents observed that affidavit filed by Principal Secretary to Govt Finance Dept has been perused.
It gives the past history as to how the petitioner’s case was tossed from Finance Dept to the Home Dept on numerous occasions though without any success but there is no mention as to what step the finance secretary had taken in the matter after December 23, 2011 to comply with the directions issued on the petitioner’s petition. Counsel appearing for the Principal Secretary is not in a position to explain the Secretary’s default in taking requisite steps to comply with the directions.
High Court further observed that Principal Secretary to Govt Finance Dept, who was directed to appear in person, has opted not to appear. In view of the non-compliance of directions and omission of secretary to appear in person, his request for exemption from personal appearance cannot be considered and issued bail-able warrants for securing the presence of Principal Secretary Finance.
These warrants has been passed in a petition filed by Talib Hussain and others selection grade constables in the police dept seeking a direction to respondents for considering the cases for keeping intact the pay-scale of 4000-6000 which was granted to them on the basis of their in-situ promotion and also seeking direction for staying the recovery which is being made by the respondents from the salary of the petitioners, J&K High Court Jammu Wing after considering the statement of Additional Advocate General that the respondents shall have no objection in considering the claim of the petitioners and in case there is any pay anomaly, then, the same would be removed, in view of the statement of AAG this petition is admitted and disposed with a direction that respondents shall look into the matter and consider the claim of the petitioner taking into account the SRO 225 of 2005 and the clarification issued by the finance dept. The appropriate orders in this regard be passed within a period of four months.
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