STATE TIMES NEWS JAMMU: Coming to rescue of employees who waited for compliance of judgment passed in 2009, Jammu & Kashmir and Ladakh High Court sought personal appearance of Principal Secretary to Government of Union Territory of Jammu and Kashmir, Home Department and DGP, State Disaster Response Force (SDRF)/ Auxiliary Police, Jammu/ Srinagar on August 12, 2021 to explain why contempt proceedings be not initiated against them for non-implementation of judgment passed by the Court in 2009. The significant order has been passed by Justice Ali Mohammad Magrey in a Contempt Petition filed by 85 petitioners alleging violation of Judgment dated 1st December, 2009 passed by Writ Court. While seeking personal appearance of these two higher officials, Justice Ali Mohammad Magrey observed that by order issued on 3rd February, 2020, the Court directed, “The instant contempt petition is filed by 85 petitioners who allege violation of judgment dated 1st December, 2009 passed in SWP No. 211/1999, operative paragraphs whereof read as Rule 5-AA referred to above squarely applies to consolidated pay employees, the way it applies to daily rated workers. Therefore, 50 per cent of continuous work as consolidated wage service has to be counted with regular service for purpose of grant of in-situ promotion. The fixation, therefore, has to be made afresh because earlier fixation made in 1995, where-under service of the petitioners has been reckoned with effect from March 30, 1973, has to be changed,” the court observed. Justice Ali Mohammad Magrey, after hearing both sides, observed that during the course of hearing, a need was felt by this Court to summon Writ Court records. Perusal of the Writ Court records revealed that in paragraph No.3 of the Writ petition, the petitioners had submitted that they belong to Auxiliary Police Force and are filing Writ petition for securing and protecting interests of the members of Auxiliary Police Force, holding post of Constables numbering 186. It is also forthcoming from the Writ Court records that the petitioners had also given the details of all the 186 employees, seeking benefit. Even though the respondents rebutted aforesaid contention of petitioners in their reply filed before Writ Court, but no finding was returned by the Writ Court on the aforesaid issue of common cause and, instead, impugned communications were set aside as a whole and not to effect of the petitioners in the Writ petition only. Justice Magrey observed that the objection of the respondents that the instant contempt petition is not maintainable on ground that the petitioners in the present contempt petition were not the petitioners is unsustainable and, as such, rejected and ordered that the respondents file compliance of judgment dated 1st December, 2009 passed in SWP No. 211/1999 qua the present petitioners by or before the next date of hearing, failing which appropriate orders shall follow on the next date of hearing. The Respondents were, thus granted time to submit compliance of the judgment dated 1st December, 2009 till 24th February, 2020, which time, on request of the counsel for the Respondents, was further extended on 10th of August, 2020; 28th of August, 2020; 20th of November, 2020; 25th of November, 2020; 9th of December, 2020 and 28th of December, 2020. Justice Magrey further observed when matter was taken up for consideration now, it transpired that the needful, till date, has not been done by the Respondents despite availing umpteen opportunities. When Court asked, B A Dar, the Senior Additional Advocate General, invited attention of the Court to the Status Report filed by him on behalf of the Respondents on 22nd March, 2021 in relation to order of the Court, it has been stated that it is respectfully submitted by the answering respondents that in due compliance of judgment the matter was taken up with the Department of Law, Justice and Parliamentary Affairs and Finance Department. The opinion of the Finance Department was conveyed to the Commandant General, Home Guard/CD and SDRF J&K for taking further appropriate action in the matter. Justice Ali Mohammad Magrey observed that after going through the pleadings on record, what emerges is that the judgment passed by the Writ Court way back on 1st December, 2009 has remained unimplemented despite assurances and undertakings extended by the Respondents before the Court from time to time. The Respondents, on one pretext or the other, are delaying implementation of judgment aforesaid inasmuch as no effective steps have been taken by them to ensure implementation of the judgment passed by the Court, he observed. Court further observed that in present situation, there is no other option for the Court, but to seek personal appearance of the officer(s) concerned. Accordingly, -Principal Secretary to Government of Union Territory of Jammu and Kashmir, Home Department; and DGP, State Disaster Response Force (SDRF)/ Auxiliary Police, Jammu/ Srinagar, before the Court on next date of hearing so as to explain as to why contempt proceedings be not initiated against them for non-implementation of judgment passed by the Court in 2009.
