Kamlesh Kumari vs Mohan Singh
2021 Latest Caselaw 570 j&K

                                                         Sr. No.105
                                                        Before Notice
      IN THE HIGH COURT OF JAMMU AND KASHMIR
                     AT JAMMU

                    (THROUGH VIRTUAL MODE)

                        CCP(S) No.207/2020
                    CM Nos.6204/2020 & 3742/2020


Kamlesh Kumari                                       ...PETITIONER(S)

          Through: Mr. Nitin Bhasin, Advocate.

                                   Vs.

Mohan Singh, Director Indian System of Medicine, ....RESPONDENT(S)

J&K, Jammu.

Through: Mr. H. A. Siddiqui, Sr. AAG.

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

(ORDER)(ORAL) 25.05.2021

1. This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of the

judgment dated 13.03.2020 passed in WP(C) No.815/2020, the

operative portion of which reads as under:

"6. Accordingly, this petition is disposed of by providing that the DPC shall be convened by respondent No. 2, in terms of judgment dated 29.01.2020. The petitioners, if eligible, shall be considered along with other eligible Nursing Orderlies (Class-IV) for promotion to the available post of Jr. Pharmacists and other directions contained in the judgment dated 29.01.2020 shall also be applicable to the case of the petitioner. Let respondent No. 2 complete the whole exercise, as directed by this Court, vide judgment dated 29.01.2020 within the stipulated period.

7. Needless to say that the consideration of the petitioner, if eligible, along with other eligible candidates shall be against the available post of Jr. Pharmacists and in case such posts are not available, four posts which have been referred to the Service Selection Board shall be withdrawn."

2. On being put on notice, the respondents have caused

appearance through Mr. H. A Siddiqui, Sr. AAG, and filed their

statement of facts. Along with statement of facts, the respondents have

placed on record copy of order No.126-DISM of 2021 dated 12th of

May, 2021, passed by Director, Indian Systems of Medicine, J&K,

Jammu, whereby petitioner along with others has been promoted to

the post of Junior Pharmacist.

3. In view of above, since the judgment has been substantially

complied with, therefore, nothing further survives for consideration in

this contempt petition. Accordingly, the proceedings are closed. It

shall, however, remain open to the petitioner to work out his remedy if

she still feels aggrieved.

4. Disposed of along with connected CM(s).

(Sanjeev Kumar) Judge Jammu;

25.05.2021 "Bhat Altaf, PS"

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No