Jammu & Kashmir High Court
Resident Of Village Gowari vs Ut Of J&K And Others on 16 October, 2024
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 118
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 2311/2024
CM Nos. 5660/2024 & 5661/2024
Resident of Village Gowari .....Petitioner(s)
Through: Mr. Siddhant Gupta, Advocate.
Vs
UT of J&K and others ..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG for R-1 to 4
Mr. Achal Sharma, Advocate for R-5.
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
(16.10.2024)
1. Mr. Siddhant Gupta, learned counsel for the petitioner has relied upon a judgment of this Court passed in WP(C) No. 1872/2024 titled "Kuldeep Singh Vs. UT of J&K and others".
2. Mr. Gupta, learned counsel for the petitioner states that the claim of the petitioner is covered in terms of the judgment (supra) dated 30.08.2024. The operative part of the judgment is extracted hereunder:
"3. Having regard to the aforesaid undisputed fact that the term of the office of a Lamberdar appointed by way of an interim measure in terms of section 14(4) of the Act of 1972 read with SRO 412 (supra) has not to exceed the period of six months, it is deemed appropriate under these circumstances to direct the official respondents to take immediate and necessary steps for filling up the post in question strictly in tune and line with the provision of the Act of 1972 read with Rules of 1980 and consider all eligible candidates including the petitioner herein.
4. Ordered accordingly and let the said exercise be commenced and concluded within a period of one month from the date a copy 2 WP(C) No. 2311/2024 of this order is produced by the petitioner herein before the respondents."
3. He further submits that the petitioner would feel satisfied, if the instant writ petition is disposed of in terms of judgment dated 30.08.2024 and direct the respondents to accord consideration to the same within some reasonable period.
4. Mrs. Monika Kohli, learned AAG appearing for respondents No. 1 to 4 and Mr. Achal Sharma, Advocate appearing for respondent No. 5 state that they have no objection, if the instant writ petition is disposed of in terms of judgment dated 30.08.2024.
5. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is disposed of, at the threshold, with a direction to the respondents to consider the claim of the petitioner in terms of judgment dated 30.08.2024 and commence the exercise of election to the post of Lamberdar, strictly under rules and as per law, within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition is made available to the respondents.
6. Disposed of, as above alongwith connected applications.
(MOKSHA KHAJURIA KAZMI) JUDGE JAMMU 16.10.2024 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Shivalee Khajuria 2024.10.17 16:13 I attest to the accuracy and integrity of this document