Srinagar- The High Court of J&K and Ladakh has issued bailable warrants of arrest for “securing presence” of Secretary Nigeen Club Srinagar in a petition regarding payment of 7th Pay Commission arrears to an employee.
Hearing a plea by the employee, Mir Aftab Yaseen, a bench of Justice Sanjay Dhar issued the warrant in the amount of Rs 10,000 to be executed by the SHO concerned.
The directions followed “apparent contradictions” in the two affidavits filed by the Secretary regarding the payments of arrears.
“In the …affidavit (filed pursuant to court’s order on 27 December 2024), it has been admitted that the petitioner (Mir Aftab Yaseen) has been paid four installments as arrears of 7th Pay Commission and it has also been submitted that the Secretary Nigeen Club has approved the release of arrears of 7th Pay Commission in six monthly installments subject to availability of funds,” the court said. The same Officer, the court said, in his affidavit filed pursuant to order dated 19 November 2024 had submitted that the Nigeen Club has not taken any decision with respect to payment of arrears of 7th Pay Commission and as such, in absence of any order to that effect, no employee of the society including the petitioner was entitled to it.
“There is apparent contradiction between stands taken by the Officer in his two affidavits,” the court said, adding, “In view of the above, personal appearance of Raja Yaqoob Farooq (Secretary Nigeen Club Srinagar) before this Court is imperative so as to clear the confusion.”
The court said that there was already a direction by it for personal appearance of the officer in terms of order dated 19 November 2024 “yet the same has not been complied with”.
“Therefore, bailable warrants of arrest in the amount of Rs. 10,000/- be issued for securing presence of above-named officer before this Court on next date of hearing (03.03.2025),” the court said, adding, “The warrants be sent to SHO concerned for its execution.”
In terms of the order 27 December last year, the Bench had observed that conduct of the authorities “prima facie shows their disdain for the Court orders.”
“Once there is an order passed by this Court directing the respondents (authorities) to release withheld salary of the petitioner (Mir Aftab Yaseen) at admissible rates, the respondents had no option but to comply with the same, notwithstanding any Government instruction or Circular to the contrary.”
If the authorities had any grievance against the orders, the court said, the only option available with them was to seek legal recourse against it.
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