Citation : 2021 Latest Caselaw 1461 j&K
Judgement Date : 15 November, 2021
Sr. No. 42
After notice list
HIGH COURT OF JAMMU& KASHMIR AND LADAKH
AT JAMMU
CPSW No.520/2018
Darshana Bandotra .... Petitioner(s)
Through:- Mr. Nitin Bhasin, Adv.
V/s
Rakesh Kumar Srangal and .....Respondent(s)
anr.
Through:- Ms. Pallavi Sharma, Assisting
counsel to Mr. Ravinder
Gupta, AAG.
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
This contempt petition has been initiated for non-compliance of
judgment dated 28.07.2017 vide which the petition was disposed of by
directing as under:
"Statement of learned counsel for the parties is taken on record. With their consent, writ petition is taken on board and is disposed of by directing the official respondents to finalize the selection for the post of ReT in social Science (SST) in accordance with the rules and regulations applicable and pendency of the aforementioned writ petition shall not be taken as a legal impediment in the finalization of the selection process for the post of ReT in Social Science (SST). Needful be done as expeditiously as possible preferably within a period of two months from the date of receipt of certified copy of this order."
In their statement of facts, the respondents submit that the claim of
the petitioner stands rejected vide order No.1872-CGOJ of 2018 dated
06.12.2018 in view of the Government Order No.919-Edu of 2018 dated
16.11.2018.
Learned counsel for the petitioner submits that the selection for the
post of ReT in MS Chani Mana, Zone Khour was challenged in SWP
No.1853/2014 and the official respondents were restrained from finalizing
the select list. However, in SWP No.2188/2016, the respondents were
directed to finalize the selection for the post of ReT in Social Science in
accordance with rules. This order according to him was passed on
28.07.2017 and the needful was to be done by the respondents within a
period of two months. The writ petition SWP No.1853/2014 was also
dismissed on 28.11.2017, thereafter there was no impediment in the
engagement of petitioner as ReT teacher as per the scheme. The
respondents have not complied with the judgment within the prescribed
time and now, therefore, cannot rely on Government Order No. 919-Edu
of 2018 dated 16.11.2018 which has been issued more than a year after
passing of the judgment. This compliance report is, therefore, rejected at
this stage.
In view of the aforesaid, the respondents are directed to file
compliance report in terms of judgment/order of this Court dated
28.07.2017.
List on 23.02.2022.
(Sindhu Sharma) Judge JAMMU 15.11.2021 Eva
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