Consequential benefits of Re-designated Helpers | Dismayed over defiance, HC warns of contempt proceedings

Srinagar: The High Court (HC) Monday expressed dismay over the delay by the Rural Development Department in implementing its judgment of 2017 relating to consequential benefits of the Helpers who were re-designated as Plantation Supervisor Grade-II, Plantation Watcher Grade-II, Junior Mali, Chowkidar, and Orderly.

“It is high time that the respondent is dealt with sternly so that the judgment of this court is not treated with disdain, particularly when the judgment has acquired finality and there is nothing on record to show that the same has been challenged before any higher forum,” a bench of Justice Sanjay Dhar said.

   

The court directed its Registry to issue notice to the respondent (Sheetal Nanda) asking her as to why proceedings under the Contempt of Courts Act be not initiated against her.

“What comes to fore from the statement of facts is that the respondents have simply dragged the case by examining and reexamining it at several levels without actually implementing the judgment of the Writ Court,” the court said.

Disapproving of the dilatory approach, the court noted that the series of the statement of facts filed by the officials in the case only reflected either “lethargy or mediocrity” in the functioning of their offices or their willful disobedience to the judgment of the Writ Court.

“In both the cases, the situation cannot be termed as ideal,” the court said.

In their contempt plea filed through senior counsel Jahangir Iqbal Ganai, the petitioners are aggrieved of non-compliance with the judgment and order dated 10 August 2017, passed by the court’s single bench.

The court had directed the Rural Development Department to proceed for individual verification of the certificates of those helpers re-designated as Plantation Supervisor Grade-II, Plantation Watcher Grade-II, Junior Mali, Chowkidar, and Orderly as the case might be.

The court had said that if the petitioners’ certificates were found genuine and re-designation correct, then the consequential benefits following their re-designation in terms of government order dated 27 February 2014 should be granted to them.

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