Case: Cpsw No. 588/2014 vs Biswajeet Kumar Singh & Ors
2021 Latest Caselaw 1473 j&K/2

                                                                  S. No. 44
                                                                  Regular List

              IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
                                 AT SRINAGAR


                                   Case: CPSW no. 588/2014
     Dilshada Akhter                                                  ....petitioner(s)

                                 Through: Mr. M A. Qayoom, Adv. with
                                          Mr M. Muzaffar, Advocate
                                             v/s
     Biswajeet Kumar Singh & ors                                      ...respondent(s)

                                 Through: Mr. Shah Aamir, AAG
                                          Mr. Bikramjeet Singh, Advocate

                CORAM:

                HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                               ORDER

18.11.2021

1. Judgment dated 15.12.2006 passed by this Court in SWP no. 2913/2013 and

SWP no. 747/1990 read with judgment dated 25.04.2014 passed in SWP no

386/2008 is yet to be complied with in letter and spirit.

2. From perusal of both the judgments aforementioned, it comes out very

clearly that the petitioner was held entitled to regularization on 15.12.2006 when

the judgment in SWP no 2913/2013 and SWP no. 747/1990 was passed. This

judgment was not complied with and instead a consideration order rejecting the

claim of the petitioner for regularization was passed. The rejection order became

the subject matter of challenge in SWP no. 386/2008 which too was allowed by

this Court on 25.08.2014 directing the respondents, yet again, to pass order of

regularization in favour of the petitioner in terms of judgment dated 15.12.2006

supra.

YASMEEN RASHID 2021.11.22 13:16 I attest to the accuracy and integrity of this document

3. As is apparent in the compliance report that the respondents have now

passed an order of regularization of the petitioner but have given effect to the

regularization only from 24.09.2016 which, of course, is not a complete

compliance of the judgments passed by this Court.

4. The respondents need to re-consider the matter and pass appropriate orders

or corrigendum so as to give effect to the regularization of the petitioner atleast

from 15.12.2006 when the judgment in SWP no. 2913/2013 and SWP 474/1990

was passed.

5. Confronted with the aforesaid position, learned counsel for the respondents

seeks and is granted four weeks' further opportunity to come up with the complete

compliance of the orders passed by this Court. It is made clear that no further

opportunity will be granted in this regard.

List on 17.12.2021.

(SANJEEV KUMAR) JUDGE Srinagar 18.11.2021 YASMEEN, PS

YASMEEN RASHID 2021.11.22 13:16 I attest to the accuracy and integrity of this document