S.Kammuth And Ors vs Sandeep Kumar And Ors
2021 Latest Caselaw 139 j&K

                                                                    Sr. No. 122

              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                                 CPSW 128/2015

S.Kammuth and ors                                              ..... Petitioner (s)

                                Through :- None

                          V/s

Sandeep Kumar and ors                                          .....Respondent(s)

                                Through :-   None

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


                                   ORDER

1 This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of judgment dated

02.05.2013 passed by this Court in SWP No. 760/2012, operative portion

whereof reads as under:

"Accordingly, this writ, petition is disposed of with a direction to the respondents to consider the case of petitioners for their placement in work charge cadre with effect from November 2004 strictly in the light of what has been observed hereinabove as also in view of the directions passed by this Court in SWP No.2310/1998 and LPA(SW) 144/2000 and having regard to the averments made in paragraphs 10 to 13 of the writ petition and the annexure annexed thereto. While passing the consideration order,respondents would also take note of the fact that the services of petitioners were earlier converted into work charge cadre in the pay scale of 2610-3540 as Technician IV with effect from 22.04.2002 and they were being paid salary in the said grade for a period of two years. Let the consideration order be passed within a period of three months from the date a copy of the order is made available to the respondents"

2 In response, the respondents have filed the compliance report and have

also placed on record a speaking order issued vide Government Order

No.79-PDD of 2018 dated 19.03.2018 whereby the claim of the petitioner in

terms of the judgment has been considered and rejected so far as placement of

the petitioners in work charge cadre is concerned. The petitioners, however, are

held entitled to the enhancement of remuneration of Rs.12,900/- per month as

one time exception.

3 In view of the compliance report filed and the consideration order

placed on record, nothing survives in this contempt petition. Accordingly,

proceedings in this contempt petition are closed. It shall, however remain open

to the petitioners to work out their remedy against the consideration order dated

19.03.2018 (supra) in accordance with law.

(SANJEEV KUMAR) JUDGE Jammu 17.02.2021 Sanjeev

SANJEEV KUMAR UPPAL 2021.02.18 11:26 I attest to the accuracy and integrity of this document