Court attach account of Director School Education
JKUT (Jammu), October-28-2021-( JNF):- Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today attached account of Director School Education for not execute the decree passed by the Court.
It is worthwhile to mention here that in an execution petition seeking execution of judgment and decree dated 04.02.2010 whereby decree holder namely Abdul Rashid S/O Abdul Qayoom Katoch R/O Village Pogal Tehsil Banihal District Ramban (Old Doda) was declared to have been appointed as teacher w.e.f 26.03.1987 alongwith all consequential service benefits, the court of Sub-Judge(CJM) Amarjeet Singh Langeh, Jammu directed judgment debtor no. 2 who is Director School Education, Jammu to ensure that case for appointment of decree holder as teacher w.e.f 26.03.1987 alongwith consequential benefits shall not only be meaningfully processed but needful be done within 15 days from today failing which means more than one as provided by Order 21 of CPC including issuance of stringent process for satisfying the decree, be taken re-course to including direction for attachment of official account of judgment debtor no. 2.
Today when the matter was listed for hearing, CJM Jammu Amarjeet Singh Langeh observed that What is therefore plainly clear is that Director School Education, Jammu (Judgment debtor no. 2) was under categoric direction to reflect seriousness in processing the case of decree holder for his appointment consistent with the terms of decree under execution. Judgment debtor no. 2, instead of complying the order reproduced aforesaid has sought necessary instructions in the matter from Principal Secretary to Govt., School Education Department. Judgment debtor no. 2 therefore has not only failed to comply the order passed on last date of hearing but he also does not seem to have accorded any seriousness to it. For judgment debtor no. 2 to say that he has sought instructions from higher authorities in the matter is nothing but a wishy-washy and casual way of dealing with order passed on last date of hearing. It is also note worthy to point out that General Administration Department vide UO dated 30.06.2021 categorically directed judgment debtor no. 2 to process the case for appointment of decree holder as teacher w.e.f 26.03.1987 alongwith all consequential benefits of service.
CJM further said that in order to ensure execution of decree in hand and on account of circumstances created by judgment debtor no. 2 as aforesaid, it is inevitably imperative to direct that Account Head of judgment debtor no. 2 (Director School Education, Jammu) said to be maintained in Additional Treasury Talab Tillo, Jammu – be ceased/attached till further orders. Should, despite this direction issued today, decree under execution still remains un-satisfied, in that eventuality further orders consistent with the provision of Order 21 of CPC be passed in the matter. JNF
