Hardeep Jamwal, JNM Journalist, Jammu
The Srinagar Bench of the Central Administrative Tribunal (CAT) has sternly reprimanded the Directorate of Health Services, Kashmir—under the Department of Health and Medical Education—for failing to comply with a 2003 Civil Court decree. The Tribunal has issued clear directives to settle the applicant’s outstanding salary and associated service benefits within eight weeks; otherwise, the department will be liable to pay compensation of Rs 1 lakh.
The case pertains to Iqbal Ahmed Bakal, who had approached the court seeking payment of salary and other service benefits pending since August 1998. Reports indicate that the Civil Court passed a decree in his favor on June 5, 2003, yet the order was not fully implemented despite the passage of over two decades.
During the hearing, the counsel representing the applicant informed the Tribunal that the department had challenged the Civil Court’s order at various forums but failed to secure relief at any stage. Despite this, the department has not ensured full compliance with the order to date.
In its order, the Tribunal stated that merely allowing the applicant to rejoin duty cannot be considered full compliance with the decree. The order would remain incomplete until the directives regarding salary payment and the determination of the period of absence are adhered to.
The CAT directed the department to pay the salary pending since August 1998 and to examine the matter concerning the applicant’s period of absence, ensuring he is given a full opportunity to present his case. Subsequently, a final order regarding his entitlement to salary and other service benefits should be issued.
The Tribunal has directed that this entire process be completed within eight weeks of receiving the order. It further warned that failure to comply within the stipulated timeframe would result in the department having to pay Rs 1 lakh in costs (compensation) to the applicant. This ruling is being regarded as a significant decision regarding the pending cases of government employees, raising hopes of relief for those who have been awaiting justice for years.
