Srinagar, Nov 29:
The Central Administrative Tribunal (CAT) has sought personal appearance of Director Health Services Kashmir as to why action under law be not initiated against him and his higher ups for not releasing the earned wages of its Class IV employees.
The Class IV employees of the Health Department holding the posts of Orderlies and Nursing Orderlies on substantive basis had approached the CAT seeking that department be directed to release their withheld and future salary w.e.f. 1.4.2016.
The Division Bench of CAT while deciding the case of these Class IV employees directed the authorities to release their withheld salaries w.e.f. 01-01-2016 respectively within six weeks. Their salary is withheld because they have been appointed fraudulently in the department.
The CAT has left it open for the department to investigate and take action thereon regarding the charge of fraudulent appointment of the applicant-employees.
However, the non-compliance of the judgment compelled the employees to file the contempt petition before the Court.
The senior counsel Altaf Haqani representing the aggrieved employees has referred to an order passed by the Division Bench of High Court dated 12-06-2023 wherein the High Court has ordered that the direction regarding release of wages by the CAT may be complied as the court not suspending or staying the operation of the impugned judgment as regards the release of salary.
The counsel representing the department when asked for non compliance of orders of release of earned wages submitted that the respondents are bound to obey the orders passed by the Tribunal as well as by the High Court.
“In this view of the matter, the respondents are given three days time to comply the judgment passed by this Tribunal read with the order passed by the Division Bench of the High Court dated 12-06-2023 in its letter and spirit”, CAT bench headed by M S Latief (J) directed.
The bench has made it clear that in case the judgment passed by this Tribunal read with the order passed by the High Court dated 12-06-2023 is not complied in its letter and spirit. The Director Health Services Kashmir shall remain present in person to explain as to why the proceedings as warranted under law are not initiated against the contemnors as ultimately rule of law has to be upheld and the majesty of law has to be maintained whosoever it is higher or lower.
CAT has kept the matter for further consideration tomorrow and directed the Registry to convey this order to the Commissioner Secretary Health and Medical Education as well as Director Health Services Kashmir by today itself.