Non compliance of orders: Himachal High Court attaches salary of Secy (Education)
Shimla, Aug 4
In a significant development, the High Court of Himachal Pradesh has taken a stern stance against non-compliance of its orders by directing the Chief Secretary to the Government of H.P. to attach the salary of the Secretary (Education) within a span of two days. This action comes in response to persistent disregard of court orders as the Education Secretary failed to ensure the implementation of a ruling favoring superannuated employees of privately-run educational institutions.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin C. Negi issued this directive after considering two separate petitions brought forth by Neel Kamal Singh and Dr. Surinder Nath. The petitioners, former employees of privately-run educational institutions that were taken over by the Himachal Pradesh government, had sought financial entitlements such as gratuity and leave encashment. The High Court ruled in favor of the petitioners and instructed the state government to facilitate the release of consequential benefits.
Despite the court’s unequivocal verdict, the financial benefits remained undelivered, prompting the petitioners to once again approach the High Court for the enforcement of its orders. Following a series of execution petitions, the Court decisively ruled in favor of the petitioners and directed the relevant department to adhere to the court’s orders. Regrettably, the respondents continued to disregard the court’s instructions, even after being provided ample opportunities to comply.
The Court’s investigation revealed that the Secretary (Education) of the Government of H.P. had been negligent in ensuring the implementation of the court’s order, despite being granted multiple opportunities to rectify the situation. Consequently, the Court found it necessary to resort to coercive measures to guarantee the enforcement of its ruling. While acknowledging the persuasive request of the Senior Additional Advocate General representing the respondents, the Court opted for a lenient approach. Instead of ordering civil imprisonment or detention, the Court ordered the attachment of the Secretary (Education)’s salary. The attachment will remain in effect until further notice.
The Chief Secretary to the Government of H.P. has been specifically instructed to oversee the process of salary attachment within a strict timeframe of two days. This resolute step by the High Court underscores the judiciary’s commitment to upholding the rule of law and ensuring that its orders are duly respected and implemented.
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