HC stops salary, perks of GMC Principal for not implementing 6-year-old court order

Srinagar: Coming down strongly on the Principal Government Medical College Srinagar, the High Court of Jammu & Kashmir and Ladakh stopped her from drawing her salary and other perks for not implementing a six-year-old judgment passed by the writ court in 2016.  

As per a media report in Greater Kashmir, the HC gave an ultimatum of one month as the last and final opportunity to the Principal Government Medical College Srinagar for complying with the said judgment. 

A contempt plea was filed by a former employee of the College against officers concerned, and after hearing it, the bench of Justice Javed Iqbal Wani noted, "The Court defers the framing of rule against the respondent no.2 (Principal GMC) by taking a lenient view and provide a last and final opportunity of one month's time as prayed for by respondent no.2 (Principal GMC) for complying the judgment and order dated 23.03.2016."

The petitioner had retired from service in 2003, but the GMC had not yet determined his service and was yet to provide him the pensionary benefits. He had subsequently filed a petition before the court seeking directions from the authority to provide him with service benefits, following which the court had passed a judgment in his favor in 2016.

However, since the GMC authorities failed to comply with the court order, he had filed a contempt petition. The counsel for the petitioner, on behalf of him, had submitted that the petitioner was forced to file a contempt petition having turned 77 years old recently. 

According to a media report in the Daily Excelsior, the court wanted to frame a rule against the Principal under Contempt of Courts Act for not complying with the order, however, the court deferred such kind of coercive mode against the Principal by giving her a last and final opportunity of one month of complying with the final judgment. 

Calling the delay unjustified, the court observed, "The unjustified delay in complying with the order by the respondents, in particular by respondent no.2 (Principal GMC), warrant framing of rule against the respondent no.2 (Principal GMC), yet in the interests of justice, the Court defers the framing of rule against the respondent no.2 (Principal GMC) by taking a lenient view and provide a last and final opportunity of one month's time as prayed for by respondent no.2 (Principal GMC) for complying the judgment and order dated 23.03.2016."

It added, "However until such time, the judgment is not complied with, Principal, Government Medical College, Srinagar, shall not draw her salary/perks and other emoluments."

As per the Greater Kashmir report, the court noted, "List the instant contempt petition for consideration on 13.05.2022, on which date the Principal, Government Medical College, Srinagar, shall remain present in person. She shall file the compliance report positively by or before the next date of hearing."

After the submission of the government counsel, the court sought the presence of Principal Government Medical College, Srinagar, through the issuance of bailable warrant to be executed through SSP, Srinagar, to the tune of Rs 5,000. The court made a note of the sordid state of affairs on the part of official respondents in general and GMC Principal in particular which automatically warranted initiation of coercive measures for seeking compliance with the order of this Court passed on 23.03.2016. 

The judgment was also upheld by the Division Bench as well as the Apex Court, reports the Daily Excelsior. The principal appeared in person before the court in the post-lunch session after her presence was secured by the issuance of bailable warrants by the court. 

When the court asked whether she is alive to the orders passed by the court from time to time, and particularly with regard to the order dated 14.03.2022, she said that she is alive to the orders. However, she cited some reasons for being unable to comply with the judgment and order and sought one month's time from the court to comply with the judgment. 

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