JNM journalist Hardeep Jamwal, Jammu
The Srinagar bench of the Central Administrative Tribunal (CAT) has severely reprimanded the Directorate of Health Services Kashmir, under the Health and Medical Education Department, for not complying with a civil court decree of 2003. The tribunal has issued clear instructions that the applicant’s outstanding salary and related service benefits be settled within eight weeks, failing which the department will have to pay a compensation of 1 lakh rupees.
The case concerns Iqbal Ahmed Bakal, who approached the court seeking payment of salary and other service benefits pending since August 1998. According to reports, the civil court passed a decree in his favor on June 5, 2003, but the order has not been fully complied with even after more than two decades.
During the hearing, the applicant’s lawyer informed the Tribunal that the department had challenged the civil court’s order at various forums but received no relief at any level. Despite this, the department has not ensured full compliance with the order to date.
The Tribunal stated in its order that merely allowing the applicant to rejoin duty cannot be considered full compliance with the decree. Unless the instructions regarding salary payment and determination of the period of absence are followed, the order will be considered incomplete.
CAT directed the department to pay the salary due since August 1998 and to investigate the applicant’s absence and give him a full opportunity to present his case. A final order regarding eligibility for salary and other service benefits should then be issued.
The Tribunal directed this entire process to be completed within eight weeks of receiving a copy of the order. It also warned that if the order is not complied with within the stipulated timeframe, the department will be required to pay costs (compensation) of one lakh rupees to the applicant.
This decision is being considered an important decision in the pending cases of government employees, which has raised hopes of relief for the employees who have been waiting for justice for years.
