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HC takes strong note of delay, directs Edu deptt to pay compensation in cash
7/2/2016 11:42:34 PM
Early Times Report

Jammu, July 2: High Court while taking serious note of delay in implementing the court directions today directed Commissioner/Secretary School Education to pay Rs 50,000 compensation along with 20,000 as costs to the petitioner.
Chief Justice N Paul Vasnathakumar today in a significant judgment observed that the order of this Court is complied with after 19 years, which is a deliberate act of contempt. By punishing the persons responsible for the long delay is not possible as several officers served earlier have relieved as there was 19 years of delay in implementing the order.
Therefore, this Court is of the view that the 1st respondent shall pay a sum of Rs. 50,000 as compensation to the petitioner for the non-compliance of the order dated 29.08.1997 which was further directed to be implemented by subsequent order dated 24.03.2011. The 1st respondent shall pay a compensation of Rs. 50,000 along-with cost of Rs. 20,000 already imposed by order dated 24.03.2011 to the petitioner within a period of two weeks from date of receipt of copy.
The case of the petitioner in this contempt petition is that he was working as a Teacher in Falah-i-Aam Trust which was banned and a decision was taken by the Government to absorb all those teachers who were working in the Trust. The respondents prepared the list and petitioner figured at Sr. No. 103 which was conveyed to Zonal Education Officer, Pattan vide No. 10813-38 dated 14.03.1991. Pursuant to the said order, petitioner joined in the Office of Zonal Education Officer Pattan on 20.06.1990 for further adjustment, but allegedly stayed away thereafter. According to the petitioner, he later produced a medical certificate before the ZEO that he was receiving treatment in the Bone and Joint Hospital from 01.06.1992 to 30.06.1992.
Chief Justice further observed that stand taken by the respondents, regarding payment of costs, reveals that the order of this Court is being taken lightly by the department inspite of the fact that the order dated 29.08.1997 is complied with after a lapse of 19 years, that too after giving directions in the contempt petition and the fact which remains, the order of this Court is complied with after 19 years, which is a deliberate act of contempt.(JNF)
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