Hours after his swearing- in, Punjab and Haryana high court chief justice Ashwani Kumar Mishra categorically told lawyers that the court won’t be “browbeaten by any tactics” and will defend “oath of the Constitution”.
The remarks came during hearing of two applications filed by Punjab government employees and pensioners alleging that high court order of August 3 that mandated release of up-to-date dearness allowance (DA) by the state government within 14 days, has not been complied with.
Objecting to the statements made by the counsels of employees and pensioners, the state’s counsel started addressing the court in a loud pitch.
“This court would be governed by the rule of law and this institution will not be browbeaten by any kind of tactics. So, we will go strictly as per the law. We have taken the oath of the Constitution and we know how to preserve our oath and defend it,” the chief justice said.
Justice Mishra made it clear that it will not be influenced by submissions from either side. “Either side, don’t comment. You may have a lot of things to say or do, we will go by law. We have taken the oath of the Constitution,” the chief justice observed.
Earlier, appearing for an applicant, senior advocate, Chetan Mittal had submitted that the Punjab government is yet to file the compliance report as mandated by the high court on August 3.
Appearing for another applicant, senior advocate Sanjay Kaushal had stated that the August 3 order has been challenged by the government in the Supreme Court but defects pointed out by the apex court registry are yet to be removed by the government counsels. The full-page advertisements are still being issued by the state government across different states of the country and crores of rupees were released for women on the occasion of Raksha Bandhan, Kaushal had pointed out.
It was to these submissions that government counsel had objected to.
The court, however, said it will hear these applications after going through the case file as same is yet to be perused and has posted the matter for hearing on September 10.
It was on August 3, the bench presided over by the chief justice had directed Punjab government to release all up-to-date pending instalments of DA to all its employees and pensioners at the rates paid to the members of the All India Services (IAS/IPS/IFS) officers serving in the state on the central government pattern, within a fortnight.
The court had also ordered that till all such dues are cleared, the government would not “resort to any unproductive expenditures”, such as large-scale advertising campaigns in print or social media, as these expenses cannot justify the denial of dues admissible to state employees. In default, the unpaid amounts would carry 6% interest per annum.
The chief secretary was also asked to ensure scrupulous compliance and file an affidavit about it by August 31.