DEFIANCE OF PENSIONARY BENEFITS ORDER | HC puts on hold Govt order on transfer of assets

GK File Photo of J&K High Court Srinagar.
GK File Photo of J&K High Court Srinagar.Mubashir Khan/ GK

Srinagar: The High Court has put on hold transferring of fixed and movable assets of erstwhile J&K Sheep and Sheep Products Development Board to Sheep Husbandry Department.

“Meanwhile, the Government Order No 49-ASH of 2021 dated 1st March 2021 about the extent of transfer of assets to Sheep Husbandry Department will not be given effect,” a bench of Justice Ali Muhammad Magrey said.

The court issued the direction while hearing a contempt plea by aggrieved employees of erstwhile J&K Sheep and Sheep Products Development Board.

In the plea, the aggrieved employees are alleging that a judgment dated 1st December 2020 whereby the authorities were directed to implement the Government dated 24 March 2008 for release of salary and pensionary benefits in their favour after viability of the board was to be assessed by a committee that was to be constituted for the purpose.

Counsel MolviAijaz on behalf of petitioners submitted that instead of implementing the judgment, the authorities concerned had reversed it as if they were sitting in appeal by according sanction to the closure of the J&K Sheep and Sheep Products Development Board.

He submitted that the fixed and movable assets of the board were being transferred to Directorate of Sheep Husbandry Jammu, and Kashmir.

He argued that the government had committed contempt as its compliance report stated that there was no need for forming of a fresh committee as most of the issues of the employees, assets, liabilities and funds had been settled once for all.

Besides this, he submitted that the compliance report stated that providing of pensionary benefits to the petitioners was not possible as the erstwhile board was an autonomous body, having its own and defined resources generation scheme.

“Prima facie it appears that respondents have instead of implementing the judgment, reversed the same, which amounts to contempt of the court,” the court said.

Observing that before proceeding further it was necessary to seek response from the authorities concerned on these issues, the court issued notice on the plea directing them to file statement of facts returnable without four weeks.

“The respondents should indicate as to what steps they have taken to implement the judgment after 19th December 2020”, the court said while listing the case for further hearing on August 11.

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