Srinagar, Feb 22: In C.P./214/2023 (SRINAGAR)In T.A./1980/2021 titled DR BASHIR GAASH Vs BHUPINDER KUMAR AND ORS after hearing CAT ordered as under:-
This contempt petition arises out of non compliance of the judgement of this court dated 13-09-2023, wherein the respondents were directed to finalize the case of the petitioner for release of his pensionary/retiral benefits in accordance with law.
The whole process was ordered to be finalized within six weeks from the date copy of the judgement was served upon the respondents. It was also ordered that in case there is any delay in doing the needful, the respondents shall be liable to the payment of interest @6% in favour of the petitioner.
The order was passed in presence of Mr. Bikram Deept Singh, the then Dy.AG representing the respndents. As such, the respondnets were aware of the orders passed by the court. The above said judgement has neither been assailed nor sought to be modified or reversed by the respondents before any higher court as on date.
As evidenced above, the case pertains to the release of pensionary benefits of an employee, who has superannuated way back in the year 2010. This court need not to reiterate that pension is not a bounty but a right of an employee/pensioner, who deserves all grace and smile, besides a soft glove attitude.
This court is at pains to observe as to why, depsite lapse of more than 18 months, the judgement aforesaid has not been complied with in its letter and spirit.
As the delay in implementation of the order/judgement will further accumulate the interest of payment, which ultimately the respondents will have to pay to the petitioner owing to their non compliance.
We would like to express our displeasure the way court orders are being dealt with particularly in the case of the pensioners. In this view of the matter, Mr. Rais - Dy.AG, appearing for the respondents, is directed to file his compliance in the matter within a period of two weeks positively, failing which, the Chief Accounts Officer, Directorate of Health Services, Kashmir, will cause his presence before the court in person.
The presence is sought in the peculiar facts and circumstances of the case and in order to uphold the supermacy of law.
List for consideration on 11-03-2025 higher up.
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