SRINAGAR The salaries of the Commissioner Secretary and the Director Animal Husbandry Department Kashmir shall stand stopped if wages to a daily wager were not released within a week, the state high court said on Thursday.
The orders were passed by a bench of Justice Ali Mohammad Magrey after hearing a petition filed by one Shahbaz Shafi Ganai who alleged violation of final order passed on 13 February 2015, in terms whereof, the Court had directed the government to take a decision regarding his absorption in the Government service with further direction that till the decision in the matter is taken, the present position of the petitioner shall not be disturbed and be paid wages regularly.
The status report filed by the Director, Department of Animal Husbandry, Kashmir revealed that the case of the petitioner along with other casual labourers of the department stands already uploaded on the website devised by the Finance Department for the purpose of regularization.
It is further stated in the status report that the present position of the petitioner stands maintained. However, earned wages of the petitioner have been partly released and for the remaining part requisition has been made with the Administrative Department for release of funds.
On 7 June last year after considering the fresh status report, the Commissioner Secretary to Government, Animal Husbandry Department was asked to ensure payment of outstanding wages to the petitioner within a period of three weeks.
On 10 April this year, when the matter was again taken up for consideration, the Court had extracted the Order passed on 07 June 2018 and granted some more time to the respondents to ensure release of outstanding payment of wages with further direction that in the event balance payment of wages are not released before the next date of hearing, the Director, Animal Husbandry Department, Kashmir shall remain personally present in the Court along with details of the account head of the department.
Ms. Purnima Mittal, Director, Animal Husbandry Department, Kashmir appeared and when asked, stated that the case for release of outstanding amount of wages is not in respect of petitioner only, but there are number of casual labourers, whose past wages have also not been released as yet, as the requisition is made for release of funds to the Administrative Department, Government of Jammu and Kashmir.
Admittedly, the petitioner is working as casual labourer in respondent-department and has earned the wages. The respondent-department may have some difficulty on account of non-availability of funds, but that does not absolve them from the liability payment of wages to the petitioner, the court observed.
Counsel for the petitioner submited that the petitioner has to sustain the family of more than three dependents and his sole sustenance is the earnings from the department.
In order to ensure implementation of Court Order dated 13.02.2015, which has a reference to the regularization of services of the petitioner as also payment of wages, the matter stands referred to the Administrative Department, therefore , it has become necessary to ask the Commissioner Secretary to Government, Animal Husbandry Department, Civil Secretariat, Srinagar to ensure release of funds to the Director, Animal Husbandry Department, Kashmir, Srinagar within a period of one week and on receipt the Director shall release the same in favour of the petitioner, the court said, adding, In the event, it is noticed that funds are not released for implementation of the Court Order, the salaries of the Commissioner Secretary, Animal Husbandry Department, Civil Secretariat, Srinagar and Director, Animal Husbandry Department, Kashmir Srinagar shall stand stopped. The concerned Treasury Officer as also Bank Manager, wherever details of their accounts maintained, shall ensure that their salary bill for the month of July is not entertained, the court added.