Abid Nazir vs Mrs. Sarita Chauhan
2021 Latest Caselaw 435 j&K/2

                                                              Serial No. 254

                                                                Suppl. list


          IN THE HIGH COURT OF JAMMU AND KASHMIR
                        AT SRINAGAR

                           (Through Virtual Mode)

                                                       CPSW No. 342/2014
                                                         IA No. 02/2018

Abid Nazir
                                                                ..... Petitioner(s)
                                   Through: -

                         Mr. Shuja-ul-Haq, Advocate

                                          V/s
Mrs. Sarita Chauhan
                                                              ..... Respondent(s)

Through: -

Ms. Asifa Padroo, AAG

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 15.04.2021

Ms. Asifa Padroo, learned AAG, along with Mr. Sanjeev Verma,

Commissioner Secretary to Government Forest Department present by virtual

mode. Since the respondent No. 1, has appeared through virtual mode, therefore,

there is no question of exemption now. Application, in this regard, if any, filed

shall stand settled.

Ms. Asifa Padroo, learned AAG, submits that the case of the petitioner for

retrospective benefit of promotion was taken up with the Public Service

Commission and the Commission has cleared the retrospective benefit of

promotion in favour of the petitioner subject to vigilance clearance. Accordingly,

the department has taken up the matter with the General Administrative

Department, for such clearance.

Mr. Shuja-ul-Haq Tantray, learned counsel appearing for the petitioner

submits that there is no requirement of any clearance for ante-dating promotion from 2013, qua the direction passed by the writ Court and the Forest Department

has partly in compliance of Judgment of the writ Court regularized the promotion

of the petitioner as Assistant Conservator Forest, from 2015, and the Court having

noticed the compliance of the Judgment in part kept the contempt petition pending

for ensuring compliance in full. He further submits that the issue regarding

clearance from vigilance stands already dealt by this Court and the respondents

asked to give effect to the promotion from 2013. It is submitted that the Forest

Department is now seeking clearance of retrospective effect of promotion, which

has no relevance.

In view of above background, this Court while allowing the prayer of the

respondents, seeking extension of time in submitting the compliance, directs the

respondent No. 1, to ensure compliance of the Judgment by the next date and issue

necessary orders of giving retrospective effect of promotion, as directed by the

writ Court, notwithstanding any clearance from Vigilance, which issue stands

settled when regular promotion was made giving effect from 2015. In the event

respondent No. 1-Commissioner Secretary to Government Forest Department fails

to submit compliance, he shall appear in person before the Court on the next date

of hearing to show cause as to why he shall not be punished for contempt of the

Court.

List on 10.05.2021.

Copy of the order be provided to Ms. Asifa Padroo, learned AAG, under

the seal and signature of the Bench Secretary today itself for compliance.

(Ali Mohammad Magrey) Judge

SRINAGAR 15.04.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.04.16 10:32 I attest to the accuracy and integrity of this document