HC directs Chief Secretary to issue circular to all HODs to comply court order within fixed time frame

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Non-implementation of Court orders

Jammu Tawi, April 19
Justice Tashi Rabstan of J&K High Court Jammu Wing today took serious note for not implementing the court orders and directed Chief Secretary of the J&K State, to come up with a circular instruction in the name of Heads of the Departments of the J&K State, requiring them to comply with the orders of the Courts within fixed timeframe, so as to allay the cost, men and machine of the State and mental agony faced by litigants due to noncompliance of the Court orders, which, resultantly would curtail unnecessary litigation.
While directing Chief Secretary, Justice Tashi Rabstan observed that everyday, contempt petitions pour in, grousing non-compliance of orders passed by this Court. What has been seen, that after their diarizing and listing before the Bench, the Contempt Petitions are dealt with casually, like regular matters, and the respondents-State implore in a routine manner to file statement of facts/compliance.
Justice Tashi Rabstan further directed that Chief Secretary to file 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 seeks implementation of judgment in which High Court allowed the petition to treat the petitioner to be in continuous service in terms of judgment/order dated 25.04.1989 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 11.09.1989 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. Let relevant order(s) in this regard be issued within a period of two months from today and Court further said that before parting, I would like to observe here that 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 11.09.1989 (supra); rather they rejected her claim on one or the other pretext, least bothering about the fact that this is the fourth round of litigation and in the melee about three decades have passed. In the given circumstances, I really do not appreciate the manner in which the official respondents took the judicial process for a ride and rejected the case of petitioner on flimsy grounds. In the peculiar facts and circumstance of this case, the State is directed to bear and pay the costs to petitioner within a period of two months from today after proper verification and identification, which is quantified at rupees fifty thousand. It is made clear that in case the official respondents fail to deposit the costs in the Registry within the aforesaid period, to treat the petitioner to be in continuous service in terms of judgment/order dated 25.04.1989 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 11.09.1989 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. Let relevant order(s) in this regard be issued within a period of two months from today.Before parting, court would like to observe here that 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 11.09.1989 (supra); rather they rejected her claim on one or the other pretext, least bothering about the fact that this is the fourth round of litigation and in the melee about three decades have passed. In the given circumstances, I really do not appreciate the manner in which the official respondents took the judicial process for a ride and rejected the case of petitioner on flimsy grounds. In the peculiar facts and circumstance of this case, the State is directed to bear and pay the costs to petitioner within a period of two months from today after proper verification and identification, which is quantified at rupees fifty thousand. It is made clear that in case the official respondents fail to deposit the costs in the Registry within the aforesaid period, Registrar (Judicial) is directed to frame a separate robkar against them, and after issuing notice to them, list the same before the Court.
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 24.09.2015 has not been complied with and respondents seeks extension of time.
Justice Tashi Rabstan further observed that It is pertinent to mention here that non-compliance of orders that leads to piling up of avoidable litigation, this Court is left with no option, except to direct the Chief Secretary of the J&K State, to come up with a circular instruction in the name of Heads of the Departments of the J&K State, requiring them to comply with the orders of the Courts within fixed timeframe, so as to allay the cost, men and machine of the State and mental agony faced by litigants due to noncompliance of the Court orders, which, resultantly would curtail unnecessary litigation and directed Chief Secretary of the J&K State file a Comprehensive Proposal/circular instruction in the name of Heads of Departments, on or before the next date of hearing.
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 24.09.2015, failing which, Drawing & 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.
Justice Tashi Rabstan further directed to transmit copy of this order to the Chief Secretary, J&K, the Secretary, Law, Justice & Parliamentary Affairs J&K, and Director, School Education, Jammu, for compliance. JNF

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