Jammu & Kashmir High Court - Srinagar Bench
Ashiq Hussain Dar And Others vs Atal Duloo And Others on 5 July, 2021
S. No. 108
Before Notice
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CCP (S) no. 210/2020 in
WP (C) no. 742/2020
Ashiq Hussain Dar and others
.... Petitioner(s)
Through: Mr Altaf Haqani, Sr. Advocate with
Mr Shakir Haqani, Advocate
V/s
Atal Duloo and others
... Respondent(s)
Through: Mr Shah Aamir, AAG
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
05.07.2021
Final order/ judgment dated 19th March, 2020, passed in WP (C) no.
742/2020 clubbed with SWP no. 2648/2018 and CCP (S) no. 402/2019, has
remained pending implementation with the respondents even after the dismissal of
the Letters Patent Appeal, LPA no. 136/2020, vide order dated 18 th November,
2020. Taking note of the dismissal of the LPA as also the approach adopted by the
authorities vis-à-vis reiterating their stand of alleged fraudulent engagement, this
Court, in terms of order dated 4th June, 2021, rejected the stand taken by the
respondents in the statement of facts being absolutely off the mark and accordingly
granted three weeks further time to the respondents for filing compliance with
further direction that salary including arrears be paid to the petitioners failing
which court shall be constrained to pass appropriate orders in this regard.
Today Mr Shah Aamir, AAG, is seeking further time to report compliance.
Mr Altaf Haqani, learned senior counsel, sought permission of the court to
place on record the communication bearing No. DHSK/legal/Bpr-108/Part-II/478-
82 dated 01.07.2021 addressed to the Chief Medical Officer, Bandipora, by the
Director Health Services, Kashmir Division, asking him to implement the
judgment/ order subject to condition that the petitioners are physically working and
attending the duties regularly strictly in compliance to the orders of this court. The
AMJAD AHMAD LONE
2021.07.05 16:45
said communication has, however, been withdrawn abi-nitio on the same day in
I attest to the accuracy and
integrity of this document
terms of communication no. DHSK/Legal/Bpr-108/Part-II/483-86 dated
01.07.2021. Mr Haqani, learned Senior counsel submits that this act of the
respondents amounts to further contempt of the court.
The communications are taken on record. Let a copy of the same be
furnished to Mr Shah Aamir, AAG, for taking up the matter with the Additional
Secretary to Government, Health & Medical Education Department.
Considering the totality of the circumstances, this Court feels it necessary to
give respondents one more opportunity for report compliance. Accordingly, 10
days' time is granted to respondents for reporting compliance by releasing the
salary and the arrears in favour of the petitioners failing which Director, Health
Services, Kashmir Division and Chief Medical Officer, Bandipora, shall appear in
person.
Copy of the order be furnished to the learned counsel for the parties under
the seal and signatures of Bench Secretary today itself.
List on 15th July, 2021.
(Ali Mohammad Magrey)
Judge
Srinagar
05.07.2021
Amjad Lone PS
AMJAD AHMAD LONE
2021.07.05 16:45
I attest to the accuracy and
integrity of this document
