HC miffed over non-payment of class-IV employee’s salary despite its direction

HC miffed over non-payment of class-IV employee’s salary despite its direction

Srinagar: Taking serious note of non-compliance of its orders, the J&K High court has directed Principal, Government Dental College Hospital here to deposit with its registrar judicial Rs four lakh as salary of class-IV employee from December 2011.
In case of failure, a single bench of Justice Ali Mohammad Magrey has directed concerned treasury officer not to entertain any bill from the office of the Principal.
The court passed the directions while hearing a petition filed by one Jehangir Khan through his counsel advocate Mir Shafaqat.
Khan was recommended by Divisional Level Selection Committee, for selection against Class-IV post in on 06 August 2011.
Consequent upon his selection, Khan was appointed as Class-IV in the Pay Band of Rs. 4440-7440 with Grade Pay of Rs 1300on 08 December 2011. While Khan discharged his duties, his salary was stopped by the authorities on account of verification of his character antecedents.
Constrained by the action of the authorities, Khan approached the Court and filed a petition in 2013.
On consideration, the court on 11 October 2013 directed the authorities to release the legitimately earned salary in favour of Khan.
“Perusal of the records reveal that on receiving the clearance from the competent authorities with reference to Character and Antecedents of (Khan), his case was considered again by the Divisional Level Screening Committee, and on approval of the administrative department, Principal, Government Dental College Hospital directed to release his monthly salary from the date of his appointment in accordance with the attendance report from the concerned HOD, Biometrics,” the court observed.
However, the court said that on 18 February the administrative officer of the dental college “without recording any reason” kept the order dated 11 August 2014 in abeyance till further orders.
Subsequently, a cause notice was issued to Khan 04 April this year, asking him to submit papers with reference to correction of his parentage. Khan later submitted reply to the show cause notice detailing out the circumstances and the justifications with particular reference to the pendency of the civil suit, on the subject, the court observed.
But despite that the authorities did not release his legitimately earned salary, the court said.
“(Khan) has been appointed after following due process of selection and has continued in service, discharged duties with the dental college right from December 2011, and with respect to the correction of parentage pending decision before the court of law, there seems no reason or justification for the (authorities) to withheld his salary,” the court said and issued a notice returnable within two weeks to them.
“In the meanwhile, Principal, Government Dental College Hospital Srinagar, shall deposit four lakh rupees before the Registrar Judicial, of this Court, as salary of the petitioner failing which concerned Treasury Officer, shall not entertain any bill from (his) office,” the court added.