Mohan Lal vs K. B. Aggarwal
2021 Latest Caselaw 442 j&K

                                                                                     202

               HIGH COURT OF JAMMU & KASHMIR
                         AT JAMMU

                                                    RP No. 3/2020

Mohan Lal                                                 .....Appellant(s)/Petitioner(s)

                       Through: None

                 Vs

K. B. Aggarwal, Secy. Housing                                         ..... Respondent(s)
Department and others

                       Through:

          HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
Coram:
          HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                       ORDER

06.04.2021

Per:Thakur-J

01. This is a petition seeking review of judgement and order dated

25.07.2018 passed in CPLPA No. 41/2017. The order dated 25.07.2018 was

passed by a coordinate Bench of this Court in contempt proceedings initiated at

the behest of the petitioner for implementation of judgment and order dated

15.05.2017 passed in LPASW No. 87/2017, which reads as under:-

" In view of the rival submissions of the learned counsel for the parties, we are inclined to modify the order dated 21.10.2016 passed by the learned Single Judge, with the direction to the competent authority to consider the claim of the appellants for regularization on completion of 7 years of service, subject to availability of vacancies, bearing in mind the order dated 11.05.2005 passed in the case of respondent No. 4 as well as orders passed in the cases of respondent Nos. 5 and 6.

Let the aforesaid exercise be carried out with the time limit mentioned by the learned Single Judge in order dated 21.10.2016.

Accordingly, the order dated 21.10.2016 passed by the learned Single Judge is modified.

In the result, the appeal is disposed of."

02. When the matter was taken up on 25.07.2018, learned counsel for the

respondents stated that the petitioner was not entitled to any consequential relief

as had been directed to be released in favour of the petitioner on the analogy of

respondent Nos. 4, 5 & 6, on the ground that the benefits were erroneously

awarded in their favour and that the order granting them the retrospective relief

had been recalled and the recoveries were being made. It was in the light of

those submissions that the contempt proceedings were ordered to be closed.

03. In the present review petition, the petitioner seeks review of the

judgment and order dated 25.07.2018 on the ground that the statement made

before the Bench was erroneous, leading to the closure of the contempt

proceedings. However, there is nothing on record, which would even remotely

suggest that the averments made were incorrect.

04. Be that as it may, no ground is made out for review of the judgement

and order dated 25.07.2018. This review petition is found to be without any

merit and is, accordingly, dismissed.

                                                (Puneet Gupta)        (Dhiraj Singh Thakur)
                                                         Judge                        Judge
              Jammu:
              06.04.2021
              Muneesh




MUNEESH SHARMA
2021.04.07 13:19
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integrity of this document