Taking serious note of non-compliance of its orders, the Himachal Pradesh High Court has directed the chief secretary to attach the salary of the secretary (Education), within two days positively.
A Division Bench, comprising Justice Vivek Singh Thakur and Justice Bipin C Negi, passed this order on two different petitions filed by Neel Kamal Singh and Dr. Surinder Nath.
The petitioners approached the high court with the plea that they are superannuated employees of the privately run educational institutions, taken over by the government of Himachal Pradesh and are entitled for financial benefits like gratuity and leave encashment.
The court ruled in favour of the petitioners and directed the state government to release consequential benefits to the petitioners.
When the financial benefits were not released in favour of petitioners despite court verdict, they again approached the high court for execution of Court orders.
The Execution Petitions so filed, were finally decided by the high court and the concerned department was directed to comply with the court order but the respondents did not pay heed to Court orders despite sufficient opportunity afforded by the court.
The court found that the secretary (education) has failed to ensure implementation of order passed by the Court despite granting opportunity. Therefore, the Court has been constrained to take coercive measures for ensuring the implementation of its order.
The Bench made it clear in its order that on persuasive request of Senior Additional Advocate General, appearing for the respondents, they are taking a lenient view and instead of directing the civil imprisonment/detention of the concerned officer, it is only directing attachment of salary.
Hence, the salary of the Secretary (Education), has been ordered to be attached till further order.