CAT directs Health Department to implement 2003 decree in 8 weeks, warns of Rs 1 lakh cost
11/06/2026
Jammu, Jun 10: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the Directorate of Health Services, Kashmir, to implement the remaining directions of a 2003 civil court decree in favour of an employee within eight weeks, failing which it will have to pay costs of Rs 1 lakh to the applicant.
The order was passed by Justice Ritu Tagore, Member (Judicial), while disposing of a transfer application filed by Iqbal Ahmad Baqal seeking enforcement of the decree. The tribunal noted that the decree dated June 5, 2003, had attained finality after challenges mounted by the authorities through appeals, revision proceedings, writ petitions, restoration applications and a regular second appeal were dismissed by various judicial forums.
Observing that the decree had remained only partially implemented for more than two decades, the CAT said merely allowing the applicant to resume duties could not be treated as full compliance when issues relating to salary and consequential service benefits were yet to be addressed.
The case pertains to the applicant's claim for salary and other benefits from August 1998 onwards.
The tribunal directed the respondents to release the applicant's salary from August 1998 in terms of the decree and to conduct an inquiry into the period of his absence after giving him an opportunity of hearing and participation.
It further directed the authorities to pass a reasoned order regarding his entitlement to salary and other service benefits, if any, after completion of the inquiry.
The CAT ordered that the entire exercise be completed within eight weeks from the date the order is made available to the respondents.
It warned that failure to comply with the directions within the stipulated period would render the respondents liable to pay costs of Rs 1 lakh to the applicant. The tribunal clarified that it had neither modified nor enlarged the scope of the 2003 decree and that the proceedings were confined solely to its enforcement in accordance with law.
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