Sirat ul Nisa vs State and Others

Nisar Ahmad Kakru, J.—Learned counsel for the petitioner seeks withdrawal of the writ petition. I am inclined to concede to the prayer but

before allowing it I Would like to deal with the contempt petition No. 130/2002. It is seen that the ad interim direction dated 02-08-2001 required

the respondents to consider the petitioner subject to her eligibility. Learned Counsel for the respondents has produced a copy of the order bearing

No. 446 DDC of 2003 dated 04-03-2003 which is taken on record. Its perusal reveals that the petitioner was offered appointment on 04-03-

2003 and same has been, acted upon, that is why petitioner seeks withdrawal of writ petition and contempt petition. It is not that easy going for the

petitioner because when the contempt petition had come up before the court on 15-04-2004 the fact of compliance of the order was not brought

to the notice of the Court and it is the suppression of such important fact that prompted the court to resort to coercive mode against the

respondents. In consequence thereto they are present in the Court.

Parties being not at variance that the order have been complied with in its letter and spirit, it emerges that the appearance of the respondents is

without any fault attributable to them, obviously, an entitlement is created in favour of the officer/official to allowances permissible under rules in

view of such appearance. It is manifestly clear that the Court was constrained to compel their appearance in person due to a misleading statement

made by the petitioner, resultantly, burden on the State exchequer. Such adventurism cannot be encouraged and it is in the public interest to come

down upon it heavily, accordingly, the petitioner is burdened with costs quantified at Rs. 1500/- (fifteen hundred) which shall be deducted from her

salary by the concerned drawing and disbursing officer to be credited to the State exchequer under an intimation to the Registrar Judicial. Copy of

the order shall be forwarded to the Director School Education Kashmir Srinagar to ensure its compliance.

Reverting to the prayer seeking withdrawal of writ petition. Since withdrawal simplicitor is sought, I find no reason not to accept it. Prayer is

allowed. Writ petition is dismissed as withdrawn along with CMPs. Interim direction is vacated. Needless to say that in case petitioner's

appointment originates from her merit, dismissal of the writ petition shall not disentitle her to reap the fruits of a genuine appointment. Contempt

proceedings are dropped.