Jammu & Kashmir High Court - Srinagar Bench
State Of J & K And Others vs Aijaz Ahmad Kirmani on 3 March, 2021
Bench: Ali Mohammad Magrey, Puneet Gupta
S. No. 101
Admission
HIGH COURT OF JAMU AND KASHMIR
AT SRINAGAR
CM no. 4406/2020 in
LPASW no. 148/2018
State of J & K and others
.... Appellant(s)
Through: Mr D. C. Raina, Advocate General with
Mr Sajjad Ashraf, GA
V/s
Aijaz Ahmad Kirmani
... Respondent(s)
Through: Mr M. A. Qayoom, Advocate with
Mr Mian Tuffail, Advocate &
Mr Mian Muzaffar, Advocate
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Puneet Gupta, Judge
ORDER
03.03.2021 When this matter was taken up for consideration, the learned Advocate General, invited attention of this Court towards the order dated 20.07.2020 passed by a Coordinate Bench at Jammu, after noticing directions of the Hon'ble Apex Court in terms whereof the Registrar Judicial of Jammu wing has been directed to place the matters involving the subject of premature retirement before Hon'ble the Chief Justice for constitution of appropriate Bench. We are told that the present LPA also has the same subject.
The learned Advocate General, with a view that no conflicting orders are passed on the subject, submits that all the appeals pertaining to the premature retirement may be listed together for consideration on some appropriate date.
Mr M. A. Qayoom, learned counsel for the respondent, submits that the pendency of the Special Leave Petition before the Hon'ble Supreme Court shall not form an impediment for this Court to consider the matter on merits. He invited attention of this court to the order of the Apex Court dated 5.3.2018 to indicate that the Hon'ble Apex Court has only observed that it would like to lay down the legal principle in the matter, subject matter of the instant SLP.
Mr Qayoom, learned counsel for the respondent, further submits that pendency of the SLP and laying down the law is only noticed by the Hon'ble Supreme Court in a matter where the respondent, a Government employee, was already reinstated in service by implementation of judgment of this Court. He submits that the appellants are not implementing the judgment of the Writ court despite there being no stay from this Court.
We have heard learned counsel for the parties and have examined the orders of the Hon'ble Apex Court.
Mere pendency of the appeals cannot form a ground for this court to defer consideration as that will definitely prejudice the rights of the respondent as there is no restraint order passed as on date by this court or by the Hon'ble Supreme Court. However, with a view that conflicting orders are avoided, we feel it necessary to ask the Registrar Judicial of this Wing to list all the appeals viz. LPA nos. 127/2019; 166/2018; 189/2018; 1/2018; 2/018; 14/2019; SWP Nos. 1353/2015; 1593/2015, and 2307/2015 and COD no. 24/2019 as per the details furnished by Mr Sajjad Ashraf, GA, with the instant LPA.
Ordered accordingly.
List on 29th March, 2021.
(Puneet Gupta) (Ali Mohammad Magrey)
Judge Judge
Srinagar
03.03.2021
Amjad Lone PS
AMJAD AHMAD LONE
2021.03.04 17:16
I attest to the accuracy and
integrity of this document