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| HC grants govt more time for reply on Adhaar-based attendance | | |
Early Times Report
srinagar, Oct 17: The state high court today granted the government four weeks more for reply on a petition calling into question its recent decision on Adhaar Enabled Biometric System attendance.
The direction by a division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan followed submissions by advocate general who said that fresh government order had mentioned Adhaar so that every employee could attend the office regularly.
The court was hearing a fresh PIL to this effect. The Supreme Court as well as the high court have held that till the pendency of the orders to be passed by the Apex Court, the possession of Adhaar could not be made compulsory by the government.
"In the light of the orders passed, there shall be interim stay of ordering in sofaras insisting for Adhaar card is concerned," the bench said and issued notice calling for government's response to the fresh PIL.
In the PIL, the petitioner has challenged what he called the "arbitrary, capricious and unlawful" order by the government on September 1. As per the Part (i) of the order (OM No: GAD (Adm) 175/2006-Part file), the government has made procurement of Aadhar card mandatory for government employees.
"It is in clear contravention of the constitutional bench order of the Supreme Court and is in violation of the previous three-judge bench order (2015 8SCC 735) dated August 11, 2015, in the same manner and also violative of Article 14 of Constitution of India as applicable to state of J&K," the petitioner said.
Earlier, the High Court quashed similar government order that made Aadhar card mandatory for government employees to draw various entitlements, including salary.
Disposing of a PIL, the bench had said that the government's order (No 35 of 2016) on February 10, 2016 was in violation of the Supreme Court's ruling.
"From the perusal of the Supreme Court order of October 15, 2015, it is evident that matter was referred to the Constitution Bench for final hearing, making it clear that Aadhaar card scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other," the high court had said.
The high court had asked the government to "strictly" follow the apex court's interim orders given on March 29, 2013.
"It is beyond doubt that the government order issued cannot be sustained as it is in violation of the interim orders passed by the Supreme Court," the division bench had said and quashed the order (No. 35-F of February 10, 2016 with a liberty to the government to issue a fresh order in compliance with the interim orders passed by the apex court relating to foods grains, cooking fuel such as kerosene, and for the purpose of the LPG distribution scheme. |
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