Shakeel Ahmad Bhat vs Mr Dilbagh Singh
2021 Latest Caselaw 348 j&K/2

                                                                                             Serial No. 313
                                                                                            After Notice List

                               HIGH COURT OF JAMMU AND KASHMIR
                                         AT SRINAGAR


                                                                              CCP(S) No.34/2020 in
                                                                                SWP No.342/2019

           Shakeel Ahmad Bhat

                                                                                      ... Petitioner(s)
                                                Through: -
                                          Mr Aamir Latoo, Advocate.

                                                         V/s
           Mr Dilbagh Singh
                                                                                    ... Respondent(s)

Through: -

Mr B. A. Dar, Sr. AAG.

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge.

(ORDER) 24.03.21 This Contempt petition is filed alleging violation/ disobedience

of the judgment of this Court dated 20th of September, 2019 passed in SWP

No.342/2019, in terms whereof the petition of the petitioner was allowed on

the following terms:

"...

8. For the afore going reasons, I find merit in this petition and the same is accordingly allowed. Respondent No.2 shall issue the order of appointment in favour of the petitioner as Constable in J&K SDRF Bn District Ganderbal against the post that has remained unfilled due to non- availability of migrant candidate. The appointment of the petitioner shall be retrospective with effect from the date the other candidates belonging to District Ganderbal were appointed pursuant to the selection made in reference to advertisement Notification dated 24.08.2012. The appointment of the petitioner from retrospective date aforesaid shall be on notional basis and the petitioner would be entitled to the monetary benefits w.e.f. the date of issuance of formal order of appointment in his favour. The respondent No.2 to do the needful without any further delay and in no case later than four weeks."

TAHIR MANZOOR BHAT 2021.03.25 13:30 I attest to the accuracy and integrity of this document On notice having been issued, the respondent has filed the

Compliance Report, wherein it is stated that the claim of the petitioner was

examined by the respondent Department on the face of the available records

and in light of the directions passed by this Court in terms of the judgment

(supra). Accordingly, as stated, the claim of the petitioner was accepted as

directed by this Court, resulting in issuance of Order No.3190 of 2020 dated

23rd of November, 2020 by AIG of Police (Personnel) for Director General of

Police, J&K, Jammu, thereby approving the case of the petitioner for the post

of Constable in J&K SDRF Bn, District Ganderbal, against the unfilled and

reserved migrant post. This order has been placed on record alongside the

Compliance report as Annexure-I.

Perusal of the order dated 23rd of November, 2020 (supra)

reveals that the case of the petitioner has been considered in light of the

directions passed by this Court vide judgment dated 20th of September, 2019

and, as such, nothing survives for further adjudication in this Contempt

petition. That being so, the Contempt petition shall stand closed as settled.

Contempt petition disposed of as above.

(Ali Mohammad Magrey) Judge SRINAGAR March 24th, 2021 "TAHIR"

TAHIR MANZOOR BHAT 2021.03.25 13:30 I attest to the accuracy and integrity of this document