Srinagar, Feb 22: In C.P./187/2022 (SRINAGAR) In O.A./1687/2021 titled LAIQ PARVEZ Vs DR PIYUSH SINGLA
1. The instant C.P. arises out of judgment passed by this Court, dated 11-11- 2021. The said Contempt Petition came up for consideration on various occasions. Detailed orders were passed right from 10-06-2024, 31-07-2024, 18- 09-2024 & 08-10-2024.
2. Perusal of order dated 08-10-2024 reveals that last chance of three weeks was granted to the respondents to implement the judgment passed by this Court in its letter and spirit and further in order to facilitate the compliance of the judgment passed, Managing Director, J&L Industries Limited as well as Director, Industries Limited, were arrayed as party contemnors in the case.
Registry of this Court was directed to amend the cause title and Managing Director, J&K Industries Limited and Director Industries Limited- newly arrayed contemnors were directed to show cause as to why contempt proceedings are not initiated against them. However, it was also ordered that Managing Director, ICDS would remain present in person on the next date of hearing before this Court.
The personal presence of the official was sought in the peculiar facts and circumstances of the case and in order to seek implementation of the judgment.
3. Today, the matter came up for consideration.
Despite opportunities and time and the assurances given by Mr. Waseem Gul, GA, the judgment passed by this Court has not been complied with.
Orders/Judgements of the Courts have always to be complied with a smile and not with the rod, particularly in the instant case, where, as stated by learned Sr. counsel, the applicant has been without pension and all other benefits, since 2019 when the applicant has superannuated.
5. Mr. Waseem Gul, GA submits that he is on instructions from Managing Director ICDS that they have complied with their part.
6. Be that as it may.
7. We would like to reiterate again that pension is not a bounty. Pension is a right of an employee. However, the release of which is dependent upon certain conditions which the employee has also to fulfill. The instant case depicts a very sorry state of affairs where a pensioner has been made to suffer. This Court while exercising its contempt jurisdiction is confining itself to the implementation of the judgment passed by the Division Bench of this Court way back in the year 2021.
8. In order to seek compliance of the judgment passed by this Court and in order to uphold the rule of law, it has become expedient to seek the personal presence as already ordered of the Managing Director, ICDS as well as Director, Industries Limited.
This Court does not like the presence of senior officials as they are more required in public duties. However, a case of the like nature and in the interest of justice, it would warrant the presence, so that judgment is implemented in its letter and spirit without any further delay.
Accordingly, both the officers are directed to be present before this Court on 11-03-2025 at 11:00 AM.
Mr Waseem Gul to convey the same to the officers.
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