Srinagar, September 22: In the HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR in CCP(S) No. 210/2020 CM No. 766/2021 titled Ashiq Hussain Dar & Ors V/s Atul Duloo & Ors. after hearing Hon’ble Mr Justice Ali Mohammad Magrey, Judge ordered as:-
Director, Health Services, Kashmir, had undertaken to implement the judgment dated 19th March, 2020, which has earned finality after dismissal of Special Leave Petition on 31st August, 2021.
This undertaking was furnished in tune with the communication issued by the Administrative Department on 7th September, 2021, advising the Director, Health Services, Kashmir, to implement the judgment dated 19th March, 2020, in letter and spirit.
The Director, Health Service, Kashmir, instead of implementing the judgment has send Chief Medical Officer, Bandipora and Block Medical Officer, Hajin, before the Court, who while reporting non-compliance of the judgment, have expressed difficulty for release of withheld salary in favour of the petitioners, on account of non-availability of GP Fund Account Numbers of the petitioners.
There is no issue for the respondents to join after the judgment has earned finality and the Court in view of the undertaking given by the Director, Health Services, is only interested in, to have order/judgment implemented, and in case of failure on the part of the respondents, the Court will be constrained to proceed against them.
In view of the above the Court has no option but to seize the amount to the extent of entitlement of the petitioner on account of their salary from the account of the Director, Health Services, Kashmir, but before doing that, the Director, Health Services, Kashmir, shall appear in person before the Court tomorrow.
List tomorrow, the 23rd September, 2021, to be taken up at 10:30 AM.
Copy of this order be provided to Mr Shah Aamir, learned AAG under the seal and signature of Bench Secretary today itself.
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