Jammu & Kashmir High Court - Srinagar Bench
Robkar vs Abid Rashid Shah on 9 May, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
01
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP No. 7/2025
CPSW No. 461/2016
ROBKAR
..... Petitioner (s)
Through: Mr. Aftab Ahmad, Adv.
V/s
Abid Rashid Shah
..... Respondent(s)
Through: Mr. Bikramdeep Singh, Dy. AG
vice Mr. Waseem Gull, GA
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge
ORDER
09.05.2025
1. The petitioner through the medium of present contempt petition is seeking implementation of order dated 14.07.2015 whereby the following directions were issued:
"This writ petition along with connected CMP(s) is disposed of and the respondent No. 1 is directed to act upon recommendation of the respondent No. 3 made vide communication No. SSB/Sel/Secy/011/Lab Asstt/237 dated 18th October, 2011 and issue appointment order within on week from the date copy of this order is served on respondent Page |2 CCP No. 7/2025 CPSW No. 461/2016 No. 1. The respondent No. 3 is directed to make recommendation in respect of petitioner No.1, he having been selected for being appointed on the post of Dental Assistant in Health Department. The recommendation shall be made within two weeks from the date copy of this order is received. The respondent No. 1 hereinafter to issue appointment orders within one week from the date of recommendation is received from respondent No. 3".
2. As per the latest status report filed by Secretary to the Government Health and Medical Education Department, Government of Jammu and Kashmir, General Administration Department has returned the file on 08.04.2024 by raising certain observations which are required to be responded to. It has been submitted that some of these observations pertain to Health and Medical Education Department whereas certain other queries pertain to Jammu and Kashmir Services Selection Board. It has also been submitted that after getting the response from the Secretary, Jammu and Kashmir Service Selection Board, further course of action would be taken so that the matter can be taken to its logical end.
3. For the last about one decade, the petitioner has been struggling to get the order of the writ Court implemented. This Court has Page |3 CCP No. 7/2025 CPSW No. 461/2016 also framed ROBKAR against the respondent on 03.03.2025 but inspite of this, the judgment of the writ Court has not been implemented.
4. The rigid attitude of the respondents, which is reflected in the manner in which one Department of the Government is passing buck upon other Department of the Government goes on to show the respondents are treating the order of the writ Court with apathy and disdain..
5. In view of the above, Secretary to the Government Health and Medical Education Department, Civil Secretariat, Srinagar and Secretary, Jammu and Kashmir Service Selection Board, Srinagar shall appear in person before this Court either physically or through virtual mode and explain as to why they should not be punished for Contempt of Court.
6. Further notice is directed to be issued to Commissioner/Secretary to the Government General Administration Department asking him to explain by filing an affidavit as to why the judgment of the writ Court is not being implemented.
7. List on 27.05.2025.
Page |4 CCP No. 7/2025 CPSW No. 461/2016
8. Copy of this order be sent to Secretary to the Government Health and Medical Education Department, Civil Secretariat, Srinagar, Secretary, Jammu and Kashmir Service Selection Board, Srinagar and Commissioner/Secretary to the Government General Administration Department, Civil Secretariat, Srinagar for ensuring its compliance.
(Sanjay Dhar) Judge SRINAGAR 09.05.2025 Aasif