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Rajinder Kumar And Another vs Arun Mehta And Others

Jammu And Kashmir High Court · Decided on 18 August 2022 · Citation: (2022) 08 J&K CK 0024

HON’BLE JUDGES
Sanjeev Kumar, J
RESULT
Disposed Of
CASE NUMBER
Contempt Petition (S) No. 139 Of 2021
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Judgment

5 paragraphs · 318 words

Sanjeev Kumar, J

1 This is a petition seeking initiation of contempt proceedings against the respondents for willful disobedience and non-compliance of judgment dated 04.11.2019 passed in SWP No. 1901/2016 whereby the respondents have been directed to regularize the petitioners as Assistant Compilers w.e.f 28.06.2010 and consider them for promotion to the post of Compilers.

2.

On being put on notice, the respondents have filed the compliance report and have also placed on record a copy of order No. 129 DGF of 2021 dated 13.07.2021 whereby pursuant to the recommendations made by the Departmental Promotion Committee, the petitioners have been promoted retrospectively w.e.f 28.06.2010 as Assistant Compilers and w.e.f 01.07.2013 as Compilers. The respondents have also taken a further decision to re-fix the seniority of the petitioners in accordance with decisions taken by the DPC in its meeting held on 18.02.2021.

3.

It may be pertinent to note that on 02.02.2022, learned counsel for the petitioners had sought time to file the supplementary affidavit. In compliance thereto, a supplementary affidavit has been filed. The case pleaded in the supplementary affidavit, if accepted, would amount to sitting in judgment over the order passed by the Writ Court. When there is clear direction by the Writ Court to regularize the services of the petitioners as Assistant Compilers w.e.f 28.06.2010, there is no warrant for the argument that the petitioner is entitled to be promoted as Assistant Compilers retrospectively from the date they have been placed In-charge Assistant Compilers in the year 2007 on the ground that two vacancies at the relevant time were available.

4.

Having carefully gone through the compliance report and the order dated 13.07.2021 placed on record, I am of the considered view that the judgment passed by this Court is substantially complied with and, therefore, no case for initiation of contempt proceedings against the respondents is made out. Accordingly, proceedings in this contempt petition are closed.