Jammu & Kashmir High Court
Ram Ditta vs Atul Dulloo on 24 August, 2022
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Sr. No. 14
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 165/2019
Ram Ditta .....Appellant(s)/Petitioner(s)
Through: None.
Vs
Atul Dulloo, Secy. Health and Medical ..... Respondent(s)
Education Deptt. and another
Through: Mr. Amit Gupta, AAG
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
24.08.2022
1. In the instant petition, the violation of order dated 16.05.2018 passed in SWP No. 2446/2014 has been alleged whereof, while disposing of the petition, the respondents came to be directed to consider the case of the petitioner for promotion to the post in question in accordance with rules within a period of three months from the date of receipt of a certified copy of the order passed on that day.
2. Compliance report has been filed on behalf of the respondents wherein it is being stated that the claim of the petitioner came to be considered pursuant to the order passed by this Court. It is further stated that the petitioner are seeking promotion to the post of Jr. Sterilization Technician in the pay Scale (4000-6000). The method of recruitment for the said post is prescribed, in terms of Government order No. 26-HME of 2006 dated 19.01.2006 and in terms of the said order, Class-IV employees with five years' service having 10+2 qualification with Diploma in Medical Assistant and one year training course in CSSD from Recognized Institute is prescribed as minimum qualification for 2 CPSW No. 165/2019 promotion which qualification is not being possessed by the petitioner, as a consequence whereof, the claim of the petitioner against the said post was rejected, in terms of order dated 11.12.2019.
3. Having regard to the facts and circumstances of the case and the above specific stand taken by the respondents/contemnors in the statement of facts, seemingly, the order dated 16.05.2018 passed in SWP No. 2446/2014 has been complied with though not within a period stipulated by the Court.
4. Be that as it may, the contempt proceedings, in view of the above, are closed and the petition stands disposed of, with a liberty to the petitioner to seek revival of the contempt petition within a period of four weeks from the date of passing of this order, in case, the cause still survives.
(Javed Iqbal Wani) Judge Jammu 24.08.2022 Shivalee Whether the order is speaking : Yes / No Whether the order is reportable: Yes / No SHIVALEE KHAJURIA 2022.08.26 15:44 I attest to the accuracy and integrity of this document