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Jammu & Kashmir High Court - Srinagar Bench

Robkar vs Ajit Kumar Sahia & Anr on 9 October, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                  S. No. 02
                                                                  Regular list


    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                                    CCP(S) No. 18/2024 in
                                    SWP No. 1579/2013
   Robkar                                        ...Petitioner(s)/Appellant(s)

   Through:   Mr. R. A. Jan, Sr. Advocate with
              Mr. Syed Yahaya, Advocate.
                                       Vs
   Ajit Kumar Sahia & Anr.                                      ...Respondent(s)


   Through:    Mr. Jahangir Dar, GA.
   CORAM:
   HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                                    ORDER

09.10.2024 A writ petition-SWP No. 1579/2013 filed by 229 writ- petitioners came to be disposed of by virtue of a judgment dated 11.08.2016 resulting in issuance of a writ upon the writ- respondents, i.e, (i) State of Jammu and Kashmir through Commissioner/Secretary to Government Public Health Engineering/Irrigation and Flood Control Department Civil Secretariat, Srinagar, (ii) Commissioner/Secretary, Finance Department, Kashmir, Srinagar, (iii) Chief Engineer Public Health Engineering Department Kashmir, Srinagar, (iv) Superintending Engineer, Public Health Engineering Department, Kashmir, Srinagar, (v) Executive Engineer, Public Health Engineering Department District, Kupwara and (vi) Executive Engineer Public Health Engineering Department, Handwara, District, Kupwara to regularize the services of the writ petitioners in terms of the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularization) Rules, 1994 (SRO 64 dated 24th March 1994) from the date writ petitioners are to be held entitled thereto with all consequential benefits.

Requisite exercise was directed to be carried out within a period of three months from the date of the service of the judgment.

This judgment 11.08.2016 attained finality after the writ- respondents failed in their Special Leave Petition before the Hon'ble Supreme Court of India.

Aggrieved of non-compliance of the writ court directives as given in the judgment dated 11.08.2016, 219 out of 229 writ petitioners came forward with present contempt petition filed on 10.08.2018.

In this contempt petition, the petitioners came to name Mr. M. Raju, the then Commissioner/Secretary to Government, Public Health Engineering/Irrigation and Flood Control Department and Mr. Naveen Chodhary- Commissioner/Secretary to Government Finance Department, J&K Civil Secretariat, Srinagar as contemnors/respondents on account of the fact that the principal obligation to carry out the compliance of the writ Court judgment rested on the said two officials holding the respective posts.

This contempt petition even after expiry of more than six years in running has not seen compliance of the writ direction taking place.

In the course of time, the originally named two contemnors/respondents came to be succeeded by new officials on the posts and at present Commissioner/Secretary, Public Health Engineering and Flood/Irrigation Control Department, Kashmir, Srinagar is Mr. Shaline Kabra (IAS), the Commissioner/Secretary Finance Department is Mr. Santosh D. Vidya.

Who were the incumbents during the intervening period is perhaps of no consequence as the onus to carry out the compliance of the writ court judgment has passed on to the present incumbents named above and it is they who are answerable for continuing state of non-compliance of the writ court judgment.

In terms of an order dated 25.11.2022, this Court came to implead Mr. Shaline Kabra (IAS) Pr. Secretary Government Jal Shakti Department and co-respondent in the contempt department, as such from the said date onwards it is Mr. Shaline Kabra (IAS) who become accountable and answerable to this Court with respect to matter of compliance of writ court judgment.

In terms of an order dated 18.08.2024, this Court came to frame Rule/Robkar against the contemnors/respondents calling upon them why they be not punished and accordingly directed their personal appearance in the court for next date of hearing which was fixed to be 11.09.2024.

Since the Rule came to be framed in the matter as such Robkar came to be numbered CCP/18/2024 and accordingly on 11.09.2024, on account of the non-appearance of the contemnors/respondents, this Court directed issuance of bailable warrants against the absentee contemnors/respondents to be executed by concerned SSP.

The Registry came to issue bailable warrants in the name of Ajeet Kumuar Sahi who came to be impleaded as co-respondent on account of being Commissioner/Secretary to the Government PHE/I&FC Department in terms of order dated 22.04.2019 and to Mr. Naveen Choudhary- originally named as the respondent No.2.

Since the said two officials namely Ajeet Kumar Sahu and Naveen Choudhary are reported to have demitted their respective office as such the service of bailable warrants could not take place upon the said two officials. Originally named contemnor/respondent-Mr. M. Raju is reportedly retired from the service while as Mr. Naveen Choudhary (IAS) came to be transferred to Mizoram in terms of Government order dated 31.05.2022. Therefore, the exercise of securing the presence of these two officials resulted in waste.

It is not gatherable from the record as to why the Registry failed to take notice of the fact that Mr. Shaline Kabra (IAS) has also been impleaded a co-respondent/contemnor in the contempt petition in terms of the order dated 25.11.2022 and by that reference Rule/Robkar stood issued against him as well and that warranted his personal appearance as well but still bailable warrants not issued against Mr. Shaline Kabar (IAS).

Today Mr. R. A. Jan, learned Sr. Advocate assisted by Mr. Yahaya, Advocate draws reference to an application No. 5776/2024 filed for the purpose of impleading the present Commissioner/Secretary to Government Finance Department, U.T. of J&K namely Mr. Santosh D. Vidya as co-respondent/contemnor to join Mr. Shaline Kabra (IAS) who is Commissioner/Secretary to Government, Jal Shakti Department and I&FC Department U.T. of J&K. Application is allowed. Shri Santosh D. Vidya is impleaded as co-respondent. Petitioners are directed to file fresh Memo of Contempt petition bearing names of Mr. Shaline Kabra, (IAS) as respondent No. 1and Mr. Santosh D. Vidya as respondent No. 2 in order to ward off any confusion, within a period of two days along with registered postal covers for service of notice unto the said two newly respondents for their personal appearance before the court on next date of hearing, i.e, 4th November, 2024.

Registry to list the matter accordingly.

(RAHUL BHARTI) JUDGE SRINAGAR 09.10.2024 "Abdul Rashid"