Delay of 19 years in implementing court order;HC directs Comm Secy School Education to pay Rs 50,000 as compensation, Rs 20,000 as costs

By admin On Jul 3, 2016

STATE TIMES NEWS
JAMMU: State High Court while taking serious note on delay in implementing the court directions on Saturday directed Commissioner/Secretary School Education to pay Rs 50,000 as compensation and Rs 20,000 as costs to the petitioner.
Chief Justice N Paul Vasanthakumar observed that the order of this Court is complied with after 19 years, which is a deliberate act of contempt.
Punishing the persons responsible for the long delay is not possible as several officers served earlier have relieved as there was 19 years of delay in implementing the order, therefore, this Court is of the view that the 1st respondent shall pay a sum of Rs. 50,000 as compensation to the petitioner for the non-compliance of the order dated 29th August, 1997 which was further directed to be implemented by subsequent order dated 24th March, 2011. The 1st respondent shall pay a compensation of Rs. 50,000 along with cost of Rs. 20,000 already imposed by order dated 24th March, 2011 to the petitioner within a period of two weeks from the date of receipt of copy of this order. The case of the petitioner in this contempt petition is that he was working as a Teacher in Falah-i-Aam Trust which was banned and a decision was taken by the Government to absorb all those teachers who were working in the Trust.
The respondents prepared the list and petitioner figured at Serial No. 103 which was conveyed to Zonal Education Officer, Pattan vide No. 10813-38 dated 14th March, 1991. Pursuant to the aforesaid order, petitioner joined in the Office of Zonal Education Officer Pattan on 20th June, 1990 for further adjustment, but allegedly stayed away thereafter. According to the petitioner, he later produced a medical certificate before the ZEO that he was receiving treatment in the Bone and Joint Hospital from 1st to 30th June, 1992.
Thereafter, the petitioner when reported for duty was not allowed to join due to which he was constrained to file a writ petition bearing SWP No. 1759/1993 and this Court by order dated 29th August, 1997 directed the respondents to pass appropriate orders on the proposal of respondent No. 4 conveyed vide communication dated 22nd July, 1992 within a period of two months.
The Chief Justice further observed that inspite of service of notice of the aforesaid order, the respondents failed to implement the order.
The petitioner filed contempt petition No.10/1998 for non-compliance of the direction dated 29th August, 1997.
The said contempt petition was disposed off on 18th May, 1998 with a direction to respondents to comply with the direction contained in the judgment dated 29th August, 1997 read with order dated 18th May, 1998 passed in Contempt petition No. 10/1998 with costs of Rs. 20,000 to be paid to the petitioner with further direction that the amount of costs shall be recovered from respondents 2 and 3 who were manning the posts on the relevant date.
Chief Justice further observed that when the matter was listed on 10th June, 2016, neither compliance report was filed nor the Director, School Education was present. Hence, Superintendent of Police, Srinagar was directed to secure presence of the Director, School Education, Kashmir and produce him before the Court on Saturday by executing the warrants and today, when the matter is listed for hearing, Sajad Mir, Dy. AG appearing vice Shahbaz Sikander, AAG produced Government order No. 187-Edu of 2016 dated 25th May, 2016 complying with the direction of the Court.
Chief Justice further observed that stand taken by the respondents, regarding payment of costs, reveals that the order of this Court is being taken lightly by the department inspite of the fact that the order dated 29th August, 1997 is complied with after a lapse of 19 years, that too after giving directions in the contempt petition and the fact which remains, the order of this Court is complied with after 19 years, which is a deliberate act of contempt.
Hence the Court ordered that the 1st respondent shall pay a compensation of Rs. 50,000 along-with cost of Rs. 20,000 already imposed by order dated 24th march, 2011 to the petitioner within a period of two weeks from the date of receipt of copy of this order.