Shimla, Aug 30,
The Himachal Pradesh High Court has directed the Chief Secretary and Principal Secretary (Finance) to ensure the swift compliance of court judgment to grant pecuniary benefits to two retired employees.
Division bench of justice Vivek Singh Thakur and Justice Ranjan Sharma passed two different rulings in a similar petition ordering the state and Principal Account General offices to not play with them undermine the court verdict and directives in the matter.
The court’s directive follows a disturbing trend where the petitioners, including an 84-year-old senior citizen, were denied the rightful benefits due to administrative bottlenecks and lack of coordination among various government departments.
The case revolves around two elderly petitioners, Uttam Chand Vij and Guman Singh, both of whom have been entangled in bureaucratic red tape for several months. Uttam Chand Vij, an 84-year-old retired employee, has been awaiting the implementation of a court judgment passed on August 21, 2023, in his favor. However, despite the clear order from the court, the benefits have not been disbursed due to the failure of various government departments and the office of the Principal Accountant General of Himachal Pradesh to perform the necessary ministerial acts.
Similarly, Guman Singh, aged 68, has been waiting for the execution of a judgment dated January 12, 2023, which was passed by the Principal Bench of the High Court. In both cases, the petitioners were subjected to what the court termed as being treated like a “ball in a volleyball match,” with their cases being tossed back and forth between the Principal Accountant General’s office, the State Finance Department, and the concerned departments.
The High Court, in its observation, expressed its displeasure over the bureaucratic delays and emphasized that internal administrative arrangements or approvals from various departments cannot serve as a pretext to defer the implementation of court orders. The court asserted that any such delay amounts to interference in the administration of justice and is thus unacceptable.
The court further directed the respondents to resubmit the petitioners’ cases to the office of the Accountant General by September 5, 2024, irrespective of whether the Finance Department’s approval is obtained. The Accountant General’s office has been instructed to implement the court’s orders within two weeks thereafter.
Additionally, the court warned that any failure to comply with its orders could result in stringent actions against the concerned officers, including the Principal Secretary (Finance) and the Chief Secretary of Himachal Pradesh. The High Court also highlighted that the internal mechanisms within government departments are often used to delay or deny long-standing legal claims, which should not be tolerated.
In closing, the High Court has scheduled the next compliance hearing for September 23, 2024, while mandating the respondents, including the Chief Secretary, to file fresh compliance affidavits by then.
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