Abdul Majid Tak vs Navin Kumar Tak

Citation : 2022 Latest Caselaw 740 j&K/2
Judgement Date : 26 May, 2022

Jammu & Kashmir High Court - Srinagar Bench
Abdul Majid Tak vs Navin Kumar Tak on 26 May, 2022
                                                        S. No. 49
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      IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR

                              CCP(S) 230/2020

 Abdul Majid Tak                                            ...Petitioner(s)

 Through: Mr. Altaf Haqani, Adv.

                                     Vs.

 Navin Kumar Tak                                           ...Respondent(s)

 Through: Ms. Insha Rashid, G.A.

 CORAM:
  HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                  ORDER

26.05.2022 This is a petition for initiating contempt against respondents for willful disobedience and non-compliance of the judgment dated 2nd December, 2019, passed in SWP 1624/2017, whereby, this Court directed the respondents 1 and 3, to examine the findings submitted by the enquiry committee vide its communication dated 25th October, 2019 with reference to the issue involved in the petition and accordingly pass appropriate consideration orders in accordance with the law and the Rules governing the appeal.

On being put on notice and in compliance to the judgment passed by this Court, respondents have considered case of the petitioner vide Government order No. 143-JK (ASH) of 2021 dated 21st October, 2021. The copy of the order is passed on by Mr. Haqani, learned counsel for the petitioner, and the same is taken on record.

From the perusal of the Government order it transpires that respondents have considered the claim of the petitioner in the light of judgment dated 2nd December, 2019, and have redressed the grievance of the petitioner except the re-fixation of the seniority. The perusal of the operative portion of the Govt. order supra reveals that respondents have also decided to re-fix the seniority in the light of the aforesaid Govt. order passed in favour of the petitioner.

In view of the above, there remains nothing for adjudication in this contempt petition, and the same is accordingly closed with the observation that respondents may proceed to re-fix the seniority of the petitioner without any further waste of time. Needless to say that, if the respondents do not re- fix the seniority of the petitioner as reflected in the Govt. order, the petitioner shall have liberty to come to this Court again by way of fresh contempt petition.

Disposed of.

(SANJEEV KUMAR) JUDGE SRINAGAR 26.05.2022 "Mir Arif"