Nisar Ahmad Kumar vs Talat Parvez And Ors
2021 Latest Caselaw 979 j&K/2

Citation : 2021 Latest Caselaw 979 j&K/2
Judgement Date : 27 August, 2021

Jammu & Kashmir High Court - Srinagar Bench

Nisar Ahmad Kumar vs Talat Parvez And Ors on 27 August, 2021

                                                           Serial No. 105
                                                         Supplementary List


HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                 SRINAGAR

                                               CCP(S) No. 319/2021
                                                CM No. 5329/2021

Nisar Ahmad Kumar
                                                      ..... Petitioner(s)
                            Through: -
    Mr. Faisal Qadri, Sr. Advocate with Ms. Jasia Ali, Advocate

                                         V/s
Talat Parvez and Ors.
                                                    ..... Respondent(s)

Through: -

Mr. B. A. Dar, Sr. AAG

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 27.08.2021 Respondents are delaying implementation of final

order/Judgment passed by this Court on 16.04.2018 in SWP No.

1761/2017 titled Nisar Ahmad Kumar Vs. State of JK and Ors.,

modified vide order dated 10.05.2018, in terms whereof allowing the

writ petition quashed the impugned order bearing No. 263-KRC of

2017 dated 30th of October, 2017, along with the requisition made by

the respondent department to the Service Selection Board for filing

up the post of Driver, consequently, the respondents were directed to

regularize the service of petitioner against the post of Driver (Grade-

II) i.e., Rs. 5200-20200 (pre revised), which was upheld by the

Division Bench of this Court vide Judgment dated 18.02.2021, in

terms whereof the Letters Patent Appeal filed by the State of JK now

Union Territory and Ors., was dismissed and confirmed by the

Hon'ble Supreme Court in SLP No. 5729/2021, filed by the Union Territory of Jammu and Kashmir and Ors., vide order dated

16.04.2021. It is stated that the Judgment has remained

unimplemented as on date.

This Court in terms of order dated 29.07.2021, granted two

weeks' time to respondents to file statement of facts/compliance,

which was again extended to two more weeks' on 13.08.2021. The

order passed on 29.07.2021 and 13.08.2021 being relevant are taken

note of:-

Final order/Judgment passed by the writ Court on 16.04.2018, in SWP No. 1761/2017 titled Nisar Ahmad Kumar Vs. State of JK and Ors., modified vide order dated 10.05.2018, in terms whereof the writ Court while allowing the writ petition quashed the impugned order bearing No. 263-KRC of 2017 dated 30th of October, 2017, along with the requisition made by the respondent department to the Service Selection Board for filing up the post of Driver, consequently, the respondents were directed to regularize the service of petitioner against the post of Driver (Grade-II) i.e., Rs. 5200-20200 (pre revised), which was upheld by the Division Bench of this Court vide Judgment dated 18.02.2021, in terms whereof the Letters Patent Appeal filed by the State of JK now Union Territory and Ors., was dismissed and confirmed by the Hon'ble Supreme Court in SLP No. 5729/2021, filed by the Union Territory of Jammu and Kashmir and Ors., vide order dated 16.04.2021. It is stated that the Judgment has remained unimplemented as on date.

Learned senior counsel appearing for the petitioner submits that respondents even after availing all the legal remedies by filing of SLP before Hon'ble the Supreme Court and its dismissal on 16.04.2021, are not implementing the Judgment for last more than three months, therefore, the instant petition.

Notice. On asking waived by Mr. B. A. Dar, learned Sr. AAG, on behalf of respondents. He shall file compliance by or before the next date of hearing. In the event respondents fail to submit the compliance they shall appear in person on the next date of hearing.

List on 13th August, 2021.

Copy of the petition is provided to Mr. B. A. Dar, learned Sr. AAG, in the open Court.

Copy of the order be provided to Mr. B. A. Dar, learned Sr. AAG, under the seal and signature of the Bench Secretary today itself, copy whereof be conveyed to the respondents by the Registry during the course of week."

"Compliance report stands filed, perusal whereof reveals that the respondents are in the process of implementation of the Judgment and seek further time to report compliance. Paragraphs 3 and 4 of the compliance report being relevant are taken note of:-

"3. That in compliance to the Judgment of the Hon'ble Court, the respondent department examined the case and found that the petitioner who was initially appointed as Chowkidar and subsequently allowed to perform the job of a Driver in Resident Commission Office, New Delhi. In terms of Judgment of the Hon'ble Court, the services of the petitioner are required to be regularized against the post of driver, as such, the case has been submitted to competent authority for accord of sanction to the regularization of services of petitioner against the post of driver in pursuance to directions of Hon'ble Court.

4. That it is respectfully submitted that immediately after the approval of competent authority, the necessary orders will be issued without any delay."

In view of the stand taken by the respondents, two weeks further time is granted to them to submit compliance.

List on 27th August, 2021 in the supplementary cause list. CM No. 5329/2021 On the set of facts and grounds urged, coupled with the submissions made at Bar, the instant application is allowed and the respondents are exempted from personal appearance till further orders.