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Non Compliance of order: DB directs CS to pay compensation of Rs.50000 to petitioner
6/10/2015 12:06:53 AM
Early Times Report

Jammu, June 9: Taking a serious note over the callous approach of the General Administration Department in the implementation of the Division Bench order passed in petition dtd December, 23, 2009, a Division Bench of the State High Court comprising today Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur directed Mohd Iqbal Khandey (IAS) Chief Secretary, State of J&K to pay compensation of Rs.50,000/- and further directed that the said amount is to be paid alongwith order to be passed in compliance to the order passed by the Court.
Division Bench further fixed this matter on July, 3, 2015 for reporting compliance as well as payment of compensation.
After hearing both sides, the Division Bench after hearing both the sides observed that on May 19, 2015 when the matter was listed for reporting compliance it was noted that the conduct of Chief Secretary of the State runs against the State Litigation Policy whereunder 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 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.
Division Bench also expressed its displeasure over the non-compliance of the court order for the last five years and observed 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 May, 19, 2015 cannot at all be appreciated. Meantime Seema Shekhar Senior AAG sought further two weeks time to comply the order. After 3considering 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 Mohd. Iqbal Khandey J&K State to pay compensation of Rs.10,000/- for each year totaling an amount of Rs.50,000/-.
Pertinently earlier Division bench in it previous order has directed GAD 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) on December, 23, 2009.
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