Jammu, June 15: In T.A./3141/2020 (JAMMU) in SWP No. 888of 2019 titled SMT KAUSHALYA ABROL Vs D/O HEALTH AND MEDICAL EDUCATION UT OF JAMMU & KASHMIR after hearing CAT ordered as under:-
1. The instant petition, today, is listed before this Bench for hearing.
2. There was an order of the Hon'ble High Court of J&K bearing Writ Petition No. 306 of 1979 in which the suspension period of the applicant was treated as on duty. After that the applicant was not allowed to perform his duty by the respondents' department.
Thereafter, on account of non implementation of judgement passed by the Hon'ble High Court, the applicant filed another writ petition before the Hon'ble High Court bearing SWP No. 1253 of 1996 where again the order was reiterated by the Hon'ble High Court that : "i. The monetary benefits in terms of the judgement given by this Court in writ petition no. 306 of 1979 be now calculated. ii. These benefits be released to the petitioner within a period of four months from the date a copy of this order is made available by the petitioner to the respondents. iii. The petitioner is held entitled to interest @6% per annum upto 30.07.1991. If these amount are not released to him till 30.07.1991 then, the applicant would be entiled to the interest of @9% p.a. iv. In case monetary benefits are ultimately found due to the petitioner and these are not released to him within the period indicated above. then, the petitioner would be entitled to interest @15% p.a. This would be for the entire period.
The enhanced interest component would be payable by the person on whose account the delay occurs. Disposed of accordingly."
3. Thereafter, the department, being aggrieved by this order, filed a petition bearing SWP No. 1253 of 1996 before the Division Bench of the Hon'ble High Court of J&K and the Hon'ble High Court also dismissed the petition on 16.03.2015 vide LPASW No. 276/2002, CMA Nos. 326 of 2002, 146 of 2012 and 125 of 2012 and upheld the order passed by the ld. Single Judge Bench in Writ Petition No. 306 of 1979.
4. Thereafter the Administrative Secretary issued the order No. 329-HME of 2016 dated 03.06.2016 in which it was stated that: "In the above backdrop, the sanction is accorded to implement the judgement of the Hon'ble High Court dated 16.13.2015 passed in LPASW No. 276/2002, CMA Nos. 326 of 2002, 146 of 2012 and 125 of 2012 and to treat the period of suspension w.e.f. 12.12.1973 to 04.03.1978 as on duty instead of leave, as was ordered in terms of Govt. Order No. 67-MD/C of 1978 dated 04.03.1978 in favour of deceased petitioner Dr. Sudershan Kumar Abrol."
5. Now, the Govt. has taken the decision to implement the judgement of Hon'ble High Court of J&K. Despite that more than 9 years have been passed and still the order of Hon'ble High Court and the order of Secretary was not implemented by the Director, Health Services, Jammu and CMO Kathua.
Moreover, the applicant was under suspension from 1973 to 1978 and thereafter he worked upto 1996 and was superannuated but he has not been paid even a single penny.
6. The applicant had died in 2011 and thereafter, the matter was persued by his widow wife and his daughter who have made the representation to the respondents' department and they went pillar to post to get the relief. What the department remain sitted over the file till date. So, this Court take the serious note of this lackadaisical attitude of the department.
7. In the reply, the respondents have taken the stand that no record of applicant was available with the department.
8. It is duty of the department to maintain the record of the applicant. If there is no record, then they have to create a new record by writing to the wife of applicant to summon the record.
9. It is the responsibility of the Administrative Department to keep the records. So, they cannot take the plea that they cannot have the record.
So, the Director and CMO Kathua is directed to remain present before this Tribunal on the next date of hearing to explain this, otherwise final order will be passed on that day and they will be burdened with heavy costs of Rs. 1,00,000/- (Rupees One Lac Only).
10. List on 30.06.2025.
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