Jammu & Kashmir High Court - Srinagar Bench
Robkar vs . Mr. Asgar Ali Majaz And Anr. on 12 March, 2019
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 10
Regular
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
IA No. 02/2018 in
CPSW No. 9900004/2017
Robkar No. 09A/2017
Date of order:- 12.03.2019
Robkar Vs. Mr. Asgar Ali Majaz and Anr.
Coram:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Appearance:
For the Petitioner(s) : Mr. Mian Tufail, Advocate
For the Respondent(s) : Mr. Hakim Aman Ali, GA
Petitioner alleges violation of final order passed by this Court on 01.04.2016 in SWP No. 705/2016, in terms whereof this Court while disposing of the writ petition, directed respondent No. 1 to consider the case of petitioner for regularization of his services as Head Assistant from the date he is holding the post on Incharge basis with one time exemption of Secretariat Training Course as one time exemption, as recommended by respondent No. 2 in the writ petition.
On notice respondents had filed statement of facts, which on consideration was not amounting to compliance of the order, therefore, in terms of order passed passed by this Court on 28.11.2017, Rule was framed against the respondents to show cause as to why they shall not be punished for contempt of the Court. Respondents have filed reply to the show cause notice, as also compliance, perusal of the compliance reveals that the case of the petitioner has been considered by the Divisional Level Departmental Promotional Committee and on the recommendation of the said Committee, petitioner has been released grade with confirmation against the post of Head Assistant w.e.f 01.01.2018, with application of SRO 272 dated 19.09.2008.
Heard learned counsel for the parties, considered the matter and perused the records.
Learned counsel for the petitioner submits that respondents have not implemented the final order with reference to release of grade from 06.02.2013, i.e., from the date petitioner was holding the post of Head Assistant on Incharge basis, but have released the grade from 01.01.2018, therefore, the respondents have committed the contempt of the Court and shall be punished.
Learned counsel for the respondents submits that the case of the petitioner was placed before the DPC for consideration of his promotion against the post of Head Assistant, though the petitioner was not eligible for such promotion, as having not qualified the Secretariat Training Course but it is in implementation of the direction passed by this Court that the consideration resulted in release of grade with confirmation against the post of Head Assistant in favour of the petitioner and on the basis of recommendation of the DPC, the petitioner was released the benefit vide order No. CE/M&RE/032 of 2018 dated 17.05.2018.
On consideration of the matter, the Court is satisfied that the final order passed by this Court in the writ petition of the petitioner has been implemented by considering his case in its letter and spirit. The contention of the learned counsel for the petitioner that the petitioner was required to be released the grade from the date he is holding the post on Incharge basis has no substance. The Court had only directed the respondents to consider the claim even for the release of grade. The consideration in terms of applicable rules has resulted in release of grade with confirmation against the post of Head Assistant in favour of the petitioner from 01.01.2018.
In the above background, the Court is satisfied that the respondents have implemented the final order and there is no violation which will amount to commission of contempt of the Court, as such, Rule framed by this Court in terms of order dated 28.11.2017, against the respondents is discharged and Robkar No. 09A/ 2017 as also contempt petition No. 9900004/2017 shall stand closed.
(Ali Mohammad Magrey) Judge Srinagar MOHAMMAD YASIN DAR 12.03.2019 2019.03.12 19:01 I agree to Mohammad specified Yasin Dar portions of this document