Robkar vs Manzoor Ahmad Lone And Ors
2021 Latest Caselaw 1312 j&K/2

                                                                    Serial No. 23
                                                                     Regular list


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                   SRINAGAR

                                                      CCP 02/2020
                                                  [CCP(s) No. 458/2019]
                                                    CM No. 5328/2021


Robkar
                                                          ..... Petitioner(s)
                            Through: -
  Mr. Faisal Qadri, Sr. Advocate with Ms. Liba Rasool, Advocate
                                      V/s
Manzoor Ahmad Lone and Ors.
                                                ..... Respondent(s)

Through: -

Ms. Asifa Padroo, AAG CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge

(ORDER) 21.10.2021

Perusal of the order dated 18.09.2021, reveals that the service of

the petitioner stands regularized as Gardner in the pay level of SL-1

(14800-47100), which is subject to confirmation by the Agriculture

Production Department.

The Principal Secretary to Government, Agriculture Department,

was asked to file the response, which too stands filed. The principal has

also enclosed the enquiry report of Deputy Commissioner, Anantnag,

dated 08.02.2016 with the response, which reveals that there is no report

about the genuineness or otherwise of the document supporting the claim

of the petitioner.

Petitioner's regularization is made in tune with the Judgment

passed by this Court and there is no scope for the respondents to make any

enquiry regarding the entitlement as the declaration is made by the Court

on the basis of continuation of the petitioner from 1994 to 2004.

Perusal of the response reveals that the respondents are sitting on

the Judgment, observations and finding, which is not the scope to the

respondents while regularizing the services of the petitioner.

Be that as it may, since the service of the petitioner stands

regularized in tune with the Judgment qua declaration, observation and

finding recorded, the Director Agriculture Department, Kashmir, shall now

proceed to give the benefit of regularization to the petitioner by extracting

the necessary documents qua qualification certificate and character

antecedents. In the event, benefit is given to the petitioner within one

month, the contempt proceedings shall be closed.

List on 24.11.2021.

Copy of the order be provided to Mr. Asifa Padroo, learned AAG,

for compliance.

(Ali Mohammad Magrey) Judge

SRINAGAR 21.10.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.10.27 10:57 I attest to the accuracy and integrity of this document