Jammu & Kashmir High Court
Robkar vs Principal Secretary To. Govt. Home on 3 January, 2025
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Serial No. 4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
ROBSW No. 10/2024 in
CPSW No. 135/2017
c/w
CPSW No. 135/2017
ROBKAR .....Appellant(s)/Petitioner(s)
Through: Mr. Sumit Nayyar, Advocate.
vs
Principal Secretary To. Govt. Home ..... Respondent(s)
Department Jammu and another
Through: Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
03.01.2025 CPSW No. 135/2017
1. In the instant contempt petition, the petitioner herein has complained non-compliance of judgment dated 21.07.2016 passed in SWP No. 508/2013 titled Mukesh Kumar Vs. State of J&K and others, whereby the writ petition of the petitioner for out of turn promotion to the rank of Dy. SP from a retrospective date, i.e. with effect from 13.10.1998 with all consequential benefits and reckon his seniority accordingly has been allowed.
2. Respondents/contemnors have filed compliance report on 18.12.2024 accompanied with Government Order No. 586-Home of 2024 dated 17.12.2024, concluding para whereof reads as under:
"Now, therefore, in due deference to order dated 21.07.2016, passed by Hon'ble High Court in SWP No. 508/2013 titled Mukesh Kumar vs. State of J&K & another read with order dated 11.11.2024 passed in CPSW No. 135/2017, sanction is hereby accorded to the creation of one supernumerary post of Deputy Superintendent of 2 ROBSW No. 10/2024 in CPSW No. 135/2017 c/w CPSW No. 135/2017 Police, in PB-2 (9300-34800)+ Grade Pay 4800/- (Now revised to Level-8 (47600- 151100) w.e.f. 13.10.1998 to 31.05.2003, and promotion of Mr. Mukesh Kumar as Deputy Superintendent of Police w.e.f. 13.10.1998. Further, the seniority of Mr. Mukesh Kumar is fixed below Shri Ghulam Jeelani (seniority No. 167) and above Shri Ram Lal Sharma (Seniority No. 168), figuring in the final Seniority list of Dy. SPs notified vide Government Order No. 992-Home of 2019 dated 28.09.2019: The benefit of the promotion shall exclusively be applicable only to the petitioner of the instant case and shall in no case be a precedent.
The order shall be subject to the outcome of Review Petition pending adjudication before the Hon'ble Supreme Court."
3. In view of the aforesaid position obtaining in the matter, the respondents seemingly have complied with the judgment dated 21.07.2016, necessitating closure of contempt proceedings.
4. Accordingly, contempt notice issued to the respondents/contemnors is recalled and contempt proceedings are closed. ROBSW No. 10/2024
5. In view of the closure of contempt proceedings against the respondents/contemnors, ROBSW No. 10/2024 drawn and framed against the respondents/contemnors too is dropped.
6. Disposed of along with the connected applications.
(JAVED IQBAL WANI) JUDGE Jammu 03.01.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.01.03 00:11 I attest to the accuracy and integrity of this document