The Himachal Pradesh high court has directed that Ali Raza Rizvi, principal secretary health, shall not draw salary for December 2012 onwards, without framing the recruitment and promotion rules for the post of lecturer, medical laboratory technology, medical education department.
The division bench comprising chief justice Kurian Joseph and justice Rajiv Sharma observed that surprisingly the process of framing of rules is pending since the past 17 years and the state has failed to complete it despite the directions of High Court on October 18, 2011.
The court observed that despite clear orders from the court for framing the rules by December, 31, 2011, the state has failed to frame the rules.
The court has passed this order on a contempt petition wherein it is stated that Ali Raja Rizvi, principal secretary health, Jai Shree Sharma, director medical education, Dr SS Kaushal, principal, Indira Gandhi Medical College, Shimla, has willfully disobeyed the orders of the high court and are liable for punishment under contempt of court's act.
The petitioner submitted that the judgment of the high court was not brought to the notice of the respondent officers but the same has not been implemented till date nor any appeal has been preferred against the said judgment.
The petitioner added that more than one year has passed but the respondents have deliberately not taken appropriate steps for implementation of the orders.
The petitioner was working as a senior laboratory technician and attained higher qualification for promotion of medical laboratory technology in the medical education department. The petitioner was promoted, however, the benefits of such promotion could not be extended for want of recruitment and promotion rules. The petitioner approached the court to direct the respondents to take appropriate steps and the petitioner was allowed with direction to complete the rule making process before December 2011.
The high court at this stage found that the principal secretary, health, has failed to implement the orders of court, therefore, restrained him from withdrawing his salary until he comply with the order of October 18, 2011.