Pending wages: CAT directs 2 top officers to comply with orders or face contempt

Srinagar, Dec 18: The Central Administrative Tribunal (CAT) has directed J&K’s Commissioner Secretary Health and Medical Education (H&ME) and Director Health Services Kashmir to implement in three weeks in letter and spirit the judgment it has passed as directions of the High Court about release of wages of Multi-Task workers(MTWs)

“It is made clear that in case the judgement and orders are not complied with within the period this Tribunal will be constrained to proceed against the contemnors following Section 17 of the Administrative Tribunal Act of 1985 read with the Contempt of Court, CAT Rules, 1992,” a bench of M S Latif, Member (J), and Prasant Kumar, Member (A), said in its order.

While the bench noted that the Director of Health Service Kashmir was present and assured that the orders of the court would be complied with in their letter and spirit, it said: “Taking a lenient view, the respondents and contemnors are granted three weeks to comply with the judgment passed by this Tribunal dated December 28, 2022, also the order passed by the Division Bench of the High Court dated June 12, 2023, read with the order dated November 1, 2023.”

However, the bench made it clear that in default DHSK as well as J&K’s Commissioner Secretary Health and Medical Education Department would remain present before the court, saying, “The ultimately rule of law has to be upheld.”

Dismayed over non-compliance with its orders, the tribunal held that it was concerned about the compliance of its judgment as well as the orders passed by the High Court.

Observing that compliance was its foremost concern as court orders were to be complied with grace and not with a rod, the tribunal said: “Willful disobedience of court’s orders are to be dealt with sternly whosoever it is high or low, as nobody is above law.”

The court issued the directions in response to a contempt plea wherein the petitioners submitted that the judgment dated December 28, 2022, passed by the tribunal was not being implemented by the H&ME Department.

The counsel for the petitioners submitted that the matter came up for consideration before the court on March 13, 2023, and four weeks were granted to the authorities to file compliance.

He said that again on June 13, 2023, three weeks were granted to them for compliance.

The counsel submitted that the judgement was assailed by the respondents (government) before the Division Bench of the High Court in WPC 798/2023 clubbed with WPC 1166/2023.

The counsel submitted, “The judgment of the tribunal has neither been varied nor set aside by the Division Bench of the High Court.”

He contended that as regards the release of wages to the MTWs with effect from January 1, 2016, the High Court had neither suspended nor stayed the operation of the judgement.

The counsel for the respondents submitted that there was an identical matter before the tribunal titled Muzaffar Ahmad Bhat versus Bhupinder Kumar bearing No O A/221/2022, CP/41/2023 in which the court had passed an order wherein it was directed that the order passed by court as well as by the Division Bench of the High Court if not complied with.

The court directed that the Director of Health Services Kashmir would personally ensure the release of requisite funds to which a request has already been made by him vide his communication dated November 24, 2023.

The counsel for the respondents along with Director Health Services Kashmir who was present in the court made a statement that the order of the tribunal as well as the orders of the High Court would be complied with in its letter and spirit.

However, they sought for a further time as, according to them, a request to the Administrative Secretary Health and Medical Education Department had been forwarded.

The court listed the matter along with the matter titled Muzaffar Ahmad Bhat versus Bhupinder Kumar on January 25, 2024, with a further direction that a copy of the order be conveyed to Director Health Services Kashmir and J&K’s Commissioner Secretary Health and Medical Education Department.