Excelsior Correspondent
SRINAGAR, Nov 21: The High Court today issued bailable warrants against the Commissioner / Secretary Transport department for not filing compliance report in contempt proceedings despite several opportunities granted by the court.
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Justice Javed Iqbal Wani has issued bailable warrants against the Commissioner / Secretary Transport department and directed the Senior Superintendent of Police (SSP) concerned to execute the warrants in order to secure presence of the incumbent official before the court.
“Neither compliance report has been filed, nor is respondent 1 present along with a record of the case. Under these circumstances, let the appearance of respondent 1 be secured through issuance of bailable warrants to the tune of Rs. 10,000/- to be executed by SSP concerned”, read the direction issued by the court.
The Commissioner / Secretary along with other officers is facing contempt proceedings filed by the retired employees of J&K SRTC seeking implementation of basic judgment passed way back in the year 2021 whereby the court allowed the plea of these employees and directed the authorities to revise the pension of the petitioner-employees by treating them as retired Government employees for the purpose of application of SRO 193 of 2018.
“The respondents shall do well to consider the issue in the similar manner as and when there is pay revision by the Government so that the petitioners are not made to come to this Court time and again. The petitioners will be entitled to arrears payable on account of such revision of their pension along-with interest @6% from the date they are entitled to the benefit of revision”, writ court had directed.
These aggrieved retired employees were denied the benefit of revised pension on account of pay revision primarily on the ground that SRO 193 of 2018 was applicable only to the Government employees and not to the employees of public sector undertakings, which compelled them to approach the portals of the court.
The authorities were granted several opportunities for compliance of the judgment and on 07.02.2024, two weeks’ last and final opportunity was granted to SRTC to comply with basic judgment by or before 22.04.2024.
On the said date, the counsel representing SRTC, despite last opportunity was granted further time to comply with judgment, with the condition that on failure to comply with the judgment, the incumbent-contemnor to remain present in person to explain as to why he would not be proceeded against for non-compliance of judgment. The next date of hearing was fixed on 17.05.2024.
On 17.5.20204, a response was filed and a perusal of the said response, court said, it suggest that the SRTC has not complied with orders of the court despite being given the last and final opportunity and sought personal appearance of the incumbent officer of SRTC along with case record for 3.6.2024.
On 3.6.3024 the Government counsel prayed for weeks time to file fresh compliance and the court on his request granted him the time and put up the case for hearing on 19.7.2024. On the said date, the Government Advocate appearing for respondent No.1 sought further time to file the compliance report. Court again granted the time with the warning that coercive measures will follow in case he fails to file the compliance report.
The matter came up for hearing again on August 23 and the Government Counsel sought further time for compliance of judgment and the court while taking a lenient view granted him three weeks’ last as final opportunity to file a fresh compliance report in terms of previous orders.
Finally on the previous date of hearing the compliance report has not been filed and the court sought personal appearance of Commissioner / Secretary and in today’s hearing the court issued bailable warrants against him as none of the orders were complied with.
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