19 years after court directive, justice is delivered to teacher

Saurabh Malik

Tribune News Service

Chandigarh, July 5

It took Abdul Subhan Waza nearly two decades to reach his destination on the road to justice. A teacher with the Falah-i-Aam Trust, which was banned, he was to be absorbed and adjusted.

What followed was a long legal battle which came to an end on July 2 with his appointment and the Jammu and Kashmir High Court ordering the payment of Rs 70,000 as compensation and costs.

Chief Justice N Paul Vasanthakumar asserted that the High Court order was complied with after 19 years. Though it was a deliberate act of contempt, punishing the persons responsible for the long delay was not possible as several officers had been relieved over the years.

As such, the court felt that Rs 50,000 was required to be paid as compensation for non-compliance of the order dated August 29, 1997. The amount would be paid along with Rs 20,000 costs already imposed by an earlier order.

Chief Justice Vasanthakumar set a two-week deadline for compliance and fixed July 16 as the next date of hearing for reporting payment.

The petitioner’s case in the contempt petition was that the respondents had prepared a list following the decision to absorb teachers. He joined in the office of the Zonal Education Officer, Pattan, in June 1990 for further adjustment, but allegedly stayed away thereafter.

He later produced a medical certificate regarding treatment at a hospital. Thereafter, he reported for duty, but was not allowed to join, following which he filed a petition.

On August 29, 1997, the court directed the respondents to pass appropriate orders on a proposal in the matter by a respondent within two months.

The respondents failed to implement the order, after which the petitioner filed a contempt petition. It was disposed of in May 1998 with a direction to respondents to comply with the judgment.

As the matter came up for resumed hearing on May 20 this year, the Director, School Education Department, was directed to remain personally present for explaining non-compliance of the order.

On the next date of hearing, neither was a compliance report filed nor was the Director present. As such, the Srinagar Superintendent of Police was directed to secure his presence and produce him in court.

When the matter was listed again for hearing on July 2, the state counsel produced a government order on his appointment in compliance with the court direction, but a mention of Rs 20,000 as costs was not made.

Chief Justice Vasanthakumar asserted that the stand taken by the respondents on payment of costs revealed that the court order was being taken lightly by the department though the order dated August 29, 1997, stood complied with after 19 years, “that too, after giving directions in the contempt petition”.