Non-compliance of court order for 5 years DB directs CS to pay Rs. 50,000 as compensation to petitioner

 STATE TIMES NEWS
JAMMU: A Division Bench (DB) of the State High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Dhiraj Singh Thakur on Tuesday directed the Chief Secretary, J and K State to pay Rs. 50,000 as compensation to petitioner for non-compliance of court order passed in petition dated 23rd December, 2009 and further directed that the said amount is to be paid along with compliance to the order passed by the Court. The Division Bench further fixed this matter on 3rd July, 2015 for reporting compliance as well as payment of compensation.
The strictures followed as the Court took a serious note over the callous approach of the General Administration Department (GAD) in the implementation of the Division Bench order passed in petition dated 23rd December, 2009 whereby GAD had been directed to consider and decide the representation within a period of three months of the petitioner Iftikhar Hussain, a 1999 batch KAS Officer seeking change of cadre from Accounts Service to Kashmir Police Service (KPS).
The DB after hearing Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohammad Khan appearing for the petitioner and Senior AAG Seema Shekhar observed that on 19th May, 2015 when the matter was listed for reporting compliance, it was noted that the conduct of Chief Secretary runs against the State Litigation Policy where under the Government employees are not to be pushed to endless litigation and it is a fit case where the respondents and particularly the Chief Secretary may be asked to pay compensation to the petitioner for delay in taking decision in the matter. High Court in the said order further directed that compliance should be filed well before next date failing which the Commissioner/Secretary to Government GAD shall appear in person on the next date of hearing to explain the delay and disobedience and thereafter the matter was listed on 3rd June, 2015.
The Division Bench while expressing its displeasure over the non-compliance of the court order for the last five years observed that the Commissioner/Secretary GAD instead of complying with the said order has filed an application seeking further time and also seeking exemption from appearance in the Court. The DB in view of the dilatory tactics of the GAD observed that the said conduct of the Chief Secretary in delaying implementation of the Court order inspite of the final opportunity granted by Court on 19th May, 2015 cannot at all be appreciated and Seema Shekhar Senior AAG sought further two weeks time to comply the order. On the other hand, Advocate S.S Ahmed sought exemplary compensation for the petitioner who has suffered at the hands of GAD.
After considering the submissions of both the sides, Division Bench granted two weeks time from today to the Senior AAG to report compliance and for the delay in implementing the order of the Court for the last over five years directed Chief Secretary to pay compensation of Rs. 10,000 for each year totaling an amount of Rs. 50,000. JNF