STATE TIMES NEWS
JAMMU: Taking a strong note of State Govt’s stand on dealing with contempt petitions, Justice Tashi Rabstan of J and K High Court Jammu Wing directed the Chief Secretary (CS) to issue directives addressed to head of departments requiring them to comply with the orders within fixed timeframe to curtail unnecessary litigation.
Justice Tashi Rabstan directed the Chief Secretary to file a comprehensive proposal/circular instruction in the name of Heads of Departments, on or before the next date of hearing. This landmark order has been passed in a contempt petition filed by one Kusum Bala who sought implementation of judgment in which High Court allowed the petitioner to be treated in continuous service in terms of judgment/order dated 25th April 1989 passed in SWP No.795/86. Consequently, the petitioner would be treated to have been appointed on regular basis with effect from the date Government Order No.1220-GAD of 1989 dated 11th September 1989 along with all consequential benefits on notional basis.In case there is no post of Junior Assistant vacant as on date, the respondents are directed to create a supernumerary post for the petitioner.
The Court observed that let relevant order(s) in this regard be issued within a period of two months from today as the petitioner has been hankering for justice for the last about 30 years, but the respondents despite clear-cut directions from the Court in previous writ petitions did not appoint the petitioner on regular basis in terms of Government Order dated 11th September 1989 (supra); rather they rejected her claim on one or the other pretext.
Justice Tashi Rabstan further directed the State to bear and pay the costs of Rs 50,000 to the petitioner within a period of two months from today after proper verification and identification.
The Court further made it clear that in case the official respondents fail to deposit the costs within the aforesaid period, the petitioner would be treated to have been appointed on regular basis with effect from the date Government Order No.1220-GAD of 1989 dated 11th September 1989 came to be issued along with all consequential benefits on notional basis. In case there is no post of Junior Assistant vacant as on date, the respondents are directed to create a supernumerary post for the petitioner.
When today the matter was taken-up, Justice Tashi Rabstan while taking serious note observed that even after lapse of more than a year, the judgment and order dated 24th September 2015 has not been complied with and respondents seek extension of time.
Justice Tashi Rabstan further observed that having regard to the request made by Ravinder Gupta, AAG, and in the interest of justice, two weeks’ further time is granted to Director School Education, Jammu to comply with the Order dated 24th September 2015, failing which, Drawing and Disbursing Officer of the Directorate of School Education, Jammu, shall not to release salary of the Director School Education for the month of April, 2017, till further orders from this Court.
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