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| DB directs State to refer teachers posts to SSRB | | Com/Secy SWD undertakes to comply Court directions | | Jammu, Aug (JNF) : Division Bench of the state High Court comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar today in a significant order passed after considering the affidavit of Jeet Lal Gupta IAS Commissioner/Secretary Social Welfare Dept, directed that Court wish to make it clear beyond any doubt that if the compliance report is not filed before September 10, 2012 and undertaking given to the Court is violated than it would result in issuance of notices for contempt to both Jeet Lal Gupta Commissioner/Secretary to Govt Social Welfare Dept and Chief Secretary of the state.
These directions have been passed by the Division Bench in a Public Interest Litigation filed by National Federation of Blind J&K Branch seeking implementation of the Disability Act 1998 whereby adequate provisions have been made for disabled people.
After hearing Sr. Adv PS Dutta appearing for the PIL and Sr. AAG Gagan Basotra, AAG Seema Shekhar & Deputy AG ZS Watali appearing for the State, Division Bench observed that when the matter came-up for consideration yesterday, Court was disappointed at the casual approach adopted by the state respondent.
Despite the passing of more than six months, no compliance to the directions was made and Court directed Sr. AAG to file an affidavit of the Chief Secretary so as to seek compliance of all the eight directions issued by the Division Bench on March 30, 2009 while disposing the LPA NO 205/2006 and as further directed vide order dated December 29, 2011.
However, on the plea raised by Sr. AAG Gagan Basotra, Court granted him time to file an undertaking of an officer either of the rank of Chief Secretary or Secretary Incharge of the Dept. Accordingly affidavit of Jeet Lal Gupta dated August 27, 2012 has been filed in the Court today.
In Para 4 & 5 of the affidavit an undertaking has been given to this Court that compliance shall be reported by filling the final report within two weeks from August 27, 2012. In other words, the compliance report has to be filed by September 10, 2012.
Division Bench while parting with the order also made it clear that posts which were required to be referred to the Services Selection Board, shall also be referred on or before September 10, 2012. It is worthwhile to mention here in that the Division Bench in the aforementioned PIL yesterday expressed its deep anguish/ displeasure over the non-implementation of the directions of the Court aimed to benefit disabled persons. |
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