HC orders salary attachment of Punjab Health Secretary over Non-Compliance

Justice Harkesh Manuja, while passing the order, stated, “It does not appear to be a bona fide error on the part of the non-applicant/respondent, as such the applicant-petitioner is unnecessarily compelled to approach this Court by filing the revival application.”

According to The Indian Express, the petitioner had earlier moved the court through his counsel, advocate Abhilaksh Gaind, by filing a contempt petition following the state’s failure to implement the High Court's ruling dated July 13, 2023. The court had ordered that the doctor be redesignated as Senior Lecturer with effect from August 16, 1991, and that his pension and retirement benefits be revised accordingly.

During a resumed hearing on March 5, 2025, the state's counsel had assured the court that the arrears of pension from April 1, 2017, to June 30, 2021, along with differences in leave encashment, would be cleared within three weeks. On this assurance, the contempt petition was withdrawn, though the court made it clear that failure to comply would allow the petitioner to revive the petition, and a fine of Rs. 50,000 could be imposed personally on the responsible officer.

Despite this warning, he alleged that the arrears were neither paid nor correctly calculated. The leave encashment was erroneously computed on the basis of the 5th Pay Commission’s salary structure. Rs. 72,380, instead of the revised amount under the 6th Pay Commission, which stood at Rs. 1,91,400 as of January 1, 2025. This led to a substantial shortfall in the amount released: only Rs. 3,00,812 was paid instead of the entitled Rs. 9,88,645, reports the Daily.

In response to this alleged non-compliance and false assurance to the court, he, now represented by advocates Abhilaksh Gaind and Rakesh Roy, filed a petition to revive the contempt case. The High Court, acknowledging the gravity of the situation, ordered the attachment of one-third of the Health Secretary’s salary until full compliance is ensured. The IAS Branch of the Punjab Civil Secretariat in Chandigarh has been directed to enforce the court’s order. The matter has been scheduled for further hearing on July 28, 2025, and has been placed on the urgent cause list, signalling the court's continued focus on ensuring justice in the case.