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Courts’ judgments, once confirmed by SC, not subject to any further decision by Govt Committees: HC

Post by on Saturday, July 16, 2022

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Srinagar, July, 15: The High Court of Jammu & Kashmir and Ladakh Friday ruled that the judgment passed by the court once confirmed by the Supreme Court is not subject to any further decision by the Screening Committee of the government.
The court held that the Screening Committees may have a role in a routine case which does not have intervention of the courts but once the judgment is passed by this court and confirmed by the Supreme Court there is no scope for respondents but to implement the judgment in its letter and spirit.
A division bench of Justices Ali Mohammad Magrey and Mohammad Akram Chowdhary passed the rulings after noting that the statement of facts stand filed by the Additional Secretary to government Power Development Department (PDD).
The bench noted that while making reference to the directions passed by the writ court as also by the division bench, the matter was kept subject to decision of Screening Committee, as also of the Home Department, "which prima facie amounts to the contempt of the court against the Additional Secretary to government, PDD.
"Needless to mention that the judgment of the Writ Court as also of the Division Bench of this Court, once confirmed by the Supreme Court, is not subject to any further decision by the Screening Committee of the government," the bench said.
Hearing a contempt petition, the bench said that they cannot ignore the state of affairs under which the present case is dealt with.
"Prima facie, we are satisfied that the Additional Secretary to Government, PDD has committed contempt of the court, but before proceeding further and framing rule against him, we feel it necessary to give one opportunity to the respondents to submit the compliance of the judgment in its letter and spirit within four weeks," the bench said.
In this connection, the bench directed the Registrar Judicial of the Court to send a copy of the Contempt Petition along with the Statement of Facts filed by the Additional Secretary, PDD as also copy of this court order to ensure proper guidance to the government in dealing with the implementation of the judgment of the court.
The court also directed the Registrar Judicial to send a copy of the same to the Law Secretary.
The court was hearing a contempt plea filed by Arshid Hussain Koul seeking compliance of order passed by the single judge on April, 8, 2015 and Division bench of the court on October, 11, 2018, whereby the respondents were directed to treat the petitioner as on duty for entire intervening period and pay him the salary for the period together with increments etc.
The authorities were directed to determine, accord and restore his due place of seniority on the basis of his date of appointment and accord him all consequential service benefits, including promotions which he would have otherwise earned in normal course.
The respondents were also required to effect computation of amounts admissible to the petitioner and communicate the same to him, payment whereof to be made within four weeks from the date of order of Division Bench.
They were also directed to pass orders with regard to seniority and all the consequential benefits to which the petitioner would have been entitled after the dismissal from services.

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