HC slams GAD for non-compliance of Court orders

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Pay compensation to petitioner: DB to Govt

JAMMU: Expressing displeasure over non-compliance of the Court orders for the last five years, the High Court has directed the Chief Secretary to pay Rs 50,000 compensation to an IAS officer, who has sought change of cadre from Accounts Service to Kashmir Police Service (KPS).

A Division Bench of the High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Dhiraj Singh Thakur took a serious note of the callous approach of the General Administration Department (GAD) in the implementation of the Court order  passed in LPASW No.233/2006 dated December, 23, 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).

After hearing Advocate Sheikh Shakeel Ahmed and Advocate Irfaan Muhamamd Khan appearing for the petitioner and Seema Shekhar Senior Additional Advocate General, the Court directed Chief Secretary Muhamamd Iqbal Khandey to pay compensation of Rs.50,000 to the petitioner who has suffered at the hands of GAD.

The Division Bench further directed that the said amount is to be paid along with order to be passed in compliance to the order passed by the Court.

On May, 19, 2015 when the matter was listed for reporting compliance, it was noted that the conduct of respondent No.1 i.e. Chief Secretary of the State 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. The Court in the said order had directed that compliance be filed well before next date failing which the Commissioner/Secretary to Govt. General Administration Department shall appear in person on the next date of hearing to explain the delay and disobedience and thereafter the matter was listed on June, 3, 2015.

The Division Bench 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 in spite of the final opportunity granted by Court on May, 19, 2015 cannot at all be appreciated and Seema Shekhar Senior AAG sought further two weeks time to comply the order.

The Court has granted two weeks time from to the Senior AAG to report compliance and for the delay in implementing the order of the Court.

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