Razwana Kausar vs Anuradha Gupta

Tashi Rabstan, J

Present contempt petition has been filed for non-compliance of judgment dated 05.06.2018 passed in SWP No.2424/2013 title "Razwana Kausar Vs. State of J&K and Others", by virtue of which the appointment/adjustment of respondent No.5 as RET in upgraded Primary School, Nakar Dharati was quashed and a direction was also given to the respondents to treat the petitioner as having been converted/appointed as RET in upgraded Primary School, Nakar Dharati w.e.f 19.06.2013 i.e., the date when the petitioner was directed to work as surplus RET in Zone Balakote.

Compliance report dated 16.09.2019 has been filed by respondent No.3-Zonal Education Officer, Balakote. A perusal of order bearing endorsement No.ZEOB/388-90 dated 06.09.2019 (Annexure A to the compliance report), reveals that while complying with the judgment dated 05.06.2018, the appointment/conversion of respondent No.5, namely, Mohd. Nisar has been cancelled with immediate effect by respondent No.3 as it was quashed by this Court. The order further contends that the petitioner was directed to work as RET in Primary School Nakar Dharati on the post occupied by respondent No.5 in the writ petition and insofar as the conversion/appointment of the petitioner as RET in the upgraded Primary School, Nakar Dharati w.e.f 19.06.2013, an appropriate case has already been formulated and forwarded to the Director School Education, Jammu-respondent No.1, which authority has the jurisdiction/power to treat the petitioner converted/appointed as RET retrospectively w.e.f 19.06.2013.

It is quite evident that the respondent No.3-Zonal Education Officer, Balakote has complied with the direction passed by this Court and the only act of respondent No.1 is awaited on the order dated 06.09.2019 of respondent No.3.

In view of the above, it would be appropriate to close this contempt petition as the case of the petitioner has been processed for consideration in terms of the judgment passed by this Court. Accordingly, this contempt petition is closed and the proceedings initiated against the respondents-contemnors are dropped. Respondent No.1, i.e., Director School Education, Jammu, is directed to consider order dated 06.09.2019 passed by Zonal Education Officer, Balakote, and pass consideration order within a period of eight weeks from today. In the event, any adverse order is passed by respondent No.2, the petitioner is at liberty to revive this contempt petition.