Just over a month after Punjab was rapped for its “callous and indifferent approach” and a cost of Rs 1 lakh was imposed for its failure to file a written statement for the last 25 years in a pension matter, the Punjab and Haryana High Court has imposed a further cost of Rs 50,000 for continued non-compliance with its directions. The amount is to be deducted from the salary of Principal Secretary, Health and Family Welfare, and the Director, Health and Family Welfare, in equal proportion.Justice Sandeep Moudgil also put the responsibility for confirming compliance on the state Chief Secretary by directing him to file an affidavit. “The Chief Secretary to the Government of Punjab shall file an affidavit on the next date of hearing specifically indicating that the amount of Rs 50,000 has been deducted from the salaries/remuneration of the officers and deposited in the account as ordered by this Court,” the Bench directed.Justice Moudgil was hearing a long-pending petition filed way back in 2001. The court made it clear that the action was necessitated following the failure to file a reply on behalf of one of the respondents despite the imposition of cost at the previous hearing.“In view of the continued non-compliance, a further cost of Rs 50,000 is imposed,” Justice Moudgil asserted, while granting the respondent-authority one more opportunity to comply. “Now, the reply on behalf of the respondent shall be filed subject to payment of the cost, failing which the court may proceed in accordance with law,” Justice Moudgil ordered.The Bench, on the previous date of hearing, had observed that the writ petition was instituted in 2001 and the adjourned vide order dated November 27, 2001. “Despite completion of service, the respondent-State failed to file its written statement for the last 25 years. Such conduct is not only condemnable, but also deeply disturbing,” Justice Moudgil had observed.The court had added it could not refrain from recording its anguish over the “callous and indifferent approach” of the State government, which contributed to the prolonged pendency of such writ petitions. “The present petition involves a limited prayer for re-computation and enhancement of pensionary benefits. During the pendency of these proceedings, many similarly situated petitioners have already retired from service, while some have unfortunately passed away without securing adjudication of their legitimate claims,” Justice Moudgil had added.Before parting with the order, the Bench had added that such an inhuman and apathetic approach on the State government’s part “in failing to file its reply despite the notice of motion issued by this Court and allowing the matter to remain unattended for nearly 25 years, deserves to be deprecated in the strongest terms”.The Bench had consequently burdened the respondent-State with Rs 1 lakh costs to be shared equally by the Chief Engineer, Irrigation Works; Director, Health and Family Welfare; Director, Public Instructions (Secondary); and the District Education Officer (Secondary), Hoshiarpur.


