SRINAGAR: Two months after the death of a contractor, the Jammu and Kashmir High Court passed a judgement in his favour in a nine years old case. Mohammad Afzal Reshi, a contractor filed a case against Jammu and Kashmir government for evading payments due since the year 2015.
The court released the judgement on September 4, 2024. The High Court of Jammu and Kashmir and Ladakh recently imposed exemplary costs of Rs 9 lakh on the Union Territory of Jammu and Kashmir.
The order reads, “A cost of one lakh rupees from the year 2015 for every year of delay, till the passing of this order shall be paid to the respondent herein, totalling Rs. 9.00 Lacs as on date, shall be paid to the respondent forthwith.” The case was handled by a bench of Justices Atul Sreedharan and Mohd Yousuf Wani.
Bar and Bench quoted the ruling as, “Despite this Court having passed several decisive orders in the past in contempt petitions, the Union Territory continues to play hide and seek with the orders of this Court.”
The court order reads, “The respondent herein had carried out certain civil works for the UT in the year 2015 for which an undisputed amount of Rs 42.97 Lacs was due to him from the appellant. Part payment had been made earlier and a balance of Rs 20.97 Lacs was outstanding, which is also undisputed.”
After repeated failed attempts by the contractor to secure the money, he preferred OWP No. 1641/2016 before this Court. The petition was allowed by the Ld. Single Judge vide order dated 23/09/2021 directing the appellant (government) herein to release the balance of Rs 20.97 Lacs along with interest at the rate of six per cent from the date on which the payment became due, within a period of two months from the date of the order.
However, the deadlines were again missed and a contempt case was filed by the contractor against it. Bar and Bench reported, “Meanwhile, the government tried to challenge the single-judge order with a revision petition which was dismissed as ‘frivolous’ and merely an attempt by government babus to stultify the legitimate rights of citizens.” “After this, the government filed an appeal against the single-judge order, which was heard by the present Division Bench.”
The administration gave “paucity of funds” as a reason behind the delay in payment. They also claimed that additional work was carried out without administrative sanction.
The order mentions, “He was compelled to file writ petition only because his admitted dues were not being paid by the Union Territory for six long years on the grounds of paucity of funds which excuse is abominable and condemnable in the strongest words.”
Furthermore, the court has ordered the exemplary cost to be recovered from the salary of the Officer who initiated this misadventure of filing of the present LPA knowing fully well that there is no reasonable cause at all. As the contractor has died on July 5, 2024, the amount shall be paid to his legal heirs.
