CJ directs CE PHE Srinagar to comply order or face cost of Rs 90,0000/-
01/10/2016
JAMMU, Sep 30: In a contempt petition filed by Irshad Ahmad Mir for not implemting the court order dated 13.08.2007 in which it is clearly mentioned that the petitioner who was was engaged as daily-wager in the respondent-department in the year 1989 and completed 18 years continuous service in the year 2007 and his services have not been regularized under SRO 64 of 1994, and the petitioner is claiming parity with others similarly placed with him, granted regularization retrospectively from 1996.
Chief Justice of J&K High Court N Paul Vasanthakumar observed that Order of this court having not been implemented, the petitioner preferred the instant contempt petition and this Court by order dated 08.11.2012 directed the respondents to file statement of facts and compliance report within two weeks. Even after granting two weeks' time which was over on 22.11.2012, no compliance report has been filed till date. Thus, the order of this Court dated 13.08.2007 has not been obeyed for over nine years. Three months' time was granted to follow procedures if any noticed by the respondents.
Chief Justice of J&K High Court N Paul Vasanthakumar further observed that when the matter was listed on 05.09.2016, this court directed the presence of Chief Engineer, Public Health Engineering Department, (respondent No. 3) and Superintending Engineer, Hydraulic Circle, Khannabal, Anantnag, to appear in person and explain as to why they shall not be punished for committing contempt of court.
Chief Justice further observed that since the Chief Engineer, Public Health Engineering Department, (respondent No. 3) is responsible for not implementing the order of this Court, a final chance is given to the said officer to produce the compliance order granting regularization of petitioner's service by Tuesday i.e. 04.10.2016.
CJ further said that if the compliance order is not produced on the next date, this Court may impose a compensation of Rs. 10,000/- for each year's delay i.e. 90,000/- for 9 years which the Chief Engineer, PHE has to pay. JNF
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