Jammu & Kashmir High Court - Srinagar Bench
Ut Of Jk And Others vs Muzaffar Ahmad Bhat And Others on 2 March, 2024
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 09
Supp. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 798/2023
With connected matters
UT of JK and others ...Petitioner(s)/Appellant(s)
Through: Mr. Mubeen Wani, Dy. AG
Vs.
Muzaffar Ahmad Bhat and others ...Respondent(s)
Through: Mr. Altaf Haqani, Sr. Adv. with
Mr. Shakir Haqani, Advocate
Mr. Asif Wani, Advocate
CORAM:
HON'BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
02.03.2024
Dr. Mushtaq Ahmad Rather, Director Health Services, Kashmir is present.
1. In the present writ petition, the case of the appellant-UT is that the impugned
order passed by the Central Administrative Tribunal CAT, Srinagar, dated
28.12.2022, has gone and given benefit to the respondents who are Class IV
employees and were illegally engaged. The CAT passed the order after having
heard learned counsel for the parties directed the appellants herein to treat the
respondents as per similarly situated with the petitioners in the judgment passed
by this Court in WP (C) No. 742/2020 titled Ashiq Hussain Dar and others Vs.
UT of JK and others and to release their withheld salaries w.e.f. 01.01.2016. It
also directed that the exercise shall be completed within a period of six weeks
from the date of passing of order. The CAT further made it clear that the
directions for releasing their duly earned wages would not prevent the
respondents to pursue any investigation and take action against the respondents
regarding the charge of their fraudulent appointment. A further direction was
given by the CAT that there is no provision under the Rules to direct the
appellants herein to make payment of future salary. Thereafter, the CAT finally
held that if the respondents were working in the department, they have to be paid
for the work they have performed and similarly if their work is extracted from
them in the future they shall be paid for such work done by them. Lastly it
clarified that the respondents herein, if they are working will be paid for the work
they have done.
2. While during the pendency of the instant writ petition, this Court vide Order
dated 12.06.2023, reiterated the order passed by the Tribunal with focused on the
judgment passed by this Court in WP (C) No. 742/2020 and lastly, the said order
passed by this Bench directed the compliance to be made that part of the order of
the Tribunal by which the appellant was under an obligation to release the wages
of the respondents w.e.f 01.01.2016. Despite the passage of that order of
12.06.2023 and the passage of eight months, the order passed by this Bench has
been ignored and not complied with. Thereafter, the matter was again listed on
01.11.2023, when this Court granted two weeks' time to counsel for the
respondents to file their reply in this case but also directed the appellants that
before the next date of hearing the order referred hereinabove passed on
12.06.2023 shall be complied with in "letter and spirit". This Court had also
directed if the same has not done the Court shall be at liberty to exercise its
jurisdiction under Article 215 of the Constitution for the enforcement of the
orders passed by this Court.
3. Under the circumstances, in view of the gross violation committed by Dr.
Mushtaq Ahmad Rather-Director Health Services, Kashmir, we hold him in
contempt of the orders of this Court but are inclined to give him last opportunity
to purge himself of the same. If by the next date of hearing if the orders passed by
this Court on 12.06.2023 and 01.11.2023 which is in furtherance of the order
passed by the learned Tribunal which is impugned in the present petition, is not
complied with, we shall be constrained to exercise jurisdiction under the
Contempt of Courts Act and convey the contemnor to jail.
4. List on 07.03.2023, at the top of the list.
5. However, it is made clear that if there is compliance in letter and spirit of the
order passed by this Court today, further presence of the contemnor would not be
required before this Court, this is of course subject to the placing before this
Court the compliance report by the appellant-UT that the dues of the respondents
herein have been paid in full.
6. Copy of this order be furnished to learned counsel for the appellants under the
seal and signature of Bench Secretary of this Court.
(MOKSHA KHAJURIA KAZMI) (ATUL SREEDHARAN)
JUDGE JUDGE
SRINAGAR:
02.03.2024
ARIF
