Shashi Kala vs B.B. Vyas And Others
2021 Latest Caselaw 219 j&K

                                                                         202

                HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU

                                                    CPLPA No. 17/2018


Shashi Kala                                       .....Appellant(s)/Petitioner(s)

               Through :- None

                          V/s

B.B. Vyas and others                                         .....Respondent(s)

               Through :- Mr. Raman Sharma, AAG


CORAM :

        HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
        HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                   ORDER

02.03.2021

This contempt petition has been preferred for non implementation

or judgment and order dated 17.02.2016 passed by a Division Bench of this

Court in LPASW No. 206/2003, titled "State of J&K and ors vs. Shashi Kala

and ors".

Statement of facts/affidavit has been filed by the respondents,

which reveals that the judgment passed by this Court on the analogy of which

the Hon'ble Division Bench decided the State Appeal, i.e., LPA No. 138/2011

is clubbed matter titled "Rohit Gupta and another vs. Ajay Kumar and others",

decided by this Court on 31.12.2015, pertains to the fixation of seniority

involving Police Rule 111 of prosecution cadre and the bunch of SLPs, i.e.,

Special Leave Petition (C) Nos. 13490-91 of 2016, titled "Rohit Gupta and

another vs. Ajay Kumar Etc. and others" against the said LPA No. 138/2011

judgment filed by the private respondents seeking fixation of their seniority on

the basis of merit of such Basic Recruitment Training course are pending

adjudication before the Apex Court. It is urged that the respondents cannot

implement the impugned judgment in view of pendency of the SLPs.

Be that as it may, instead of keeping this contempt petition

pending, we deem it appropriate to close the same. Accordingly, this contempt

petition is closed. Proceedings, if any, initiated are dropped. However, the

petitioner is at liberty to re-agitate the matter in case the aforesaid SLPs are

decided in favour of the petitioner and the respondents fail to comply with the

directions.

                                             (Vinod Chatterji Koul)      (Tashi Rabstan)
                                                     Judge                   Judge
            JAMMU
            02.03.2021
            Pawan Angotra




PAWAN ANGOTRA
2021.03.03 11:12
I attest to the accuracy and
integrity of this document