Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order

“…it is directed that salary of respondent No.1 the Secretary (Education) to the Government of H.P. be attached till further order. The Chief Secretary to the Government of H.P. is directed to ensure attachment of salary by doing needful within two days Positively”, Justices Vivek Singh Thakur and Bipin C. Negi directed.

The direction was passed while hearing an execution petition filed by one Neel Kamal Singh, who superannuated from a privately run educational institution that was taken over by the state government. Singh had filed the petition seeking financial benefits, such as gratuity and leave encashment.

The court had earlier ruled in Singh's favour in January 2020, but the state government had not implemented the order. Singh then filed an execution petition in the high court, which ordered the state government to comply with the original order. However, the state government again failed to do so after multiple time extension requests.

Senior Additional Advocate General informed the Court that the matter is pending consideration before the Secretary. Hearing this, Court said it is constrained to take coercive measure for ensuring the implementation of order.

"On persuasive request of learned Senior Additional Advocate General, we are taking a lenient view and instead of directing the civil imprisonment/detention of the concerned Officer, we are only directing attachment of salary," it said,.

The matter has been listed again on August 9th to ensure compliance.

Case Title: Neel Kamal Singh vs State

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