Mushtaq Ahmad Tantray vs Mr. Bimla Gulka And Anr
2021 Latest Caselaw 1341 j&K/2

                                                             S.No. 28
                                                            Regular List



       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR
                                                   CPSW 593/2014

MUSHTAQ AHMAD TANTRAY

                                                     ...Petitioner(s)

                   Through: Mr. S.H.Thakur, Adv.

                                V/s
MR. BIMLA GULKA AND ANR

                                                   ...Respondent(s)
                   Through:None.

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

                                      ORDER

1. This is a petition for initiating contempt proceedings against the respondents for their wilful disobedience and non-compliance of the judgment dated 02.07.2014 passed in SWP No. 1346/2013, operative portion of which reads thus:-

"...7. Since the case of the petitioner for promotion was cleared by the DPC but subsequently,, in view of the report about pendency of disciplinary proceedings, petitioner was reverted but now position is clear, he has been exonerated, respondents shall take final decision about the promotion of the petitioner, that too from the date it had become due to the petitioner i.e., 25.04.2009. In the process, it shall be ensured that his promotion is given effect prior to the date any of his juniors has been promoted. The exercise be completed within a period of two months from today. The decision as shall be taken vis- a-vis promotion of the petitioner shall be conveyed to him. Right is reserved to the petitioner to re-agitate subject to survival of cause."

2. In response to the notice issued by this Court, respondents have entered their appearance and filed compliance report. Along-with the compliance report they have placed on record copy of the order No.30/2014-IIS dated 15-04-2015, perusal whereof indicates that the petitioner has been promoted as Junior Grade of Indian Information Service Group 'A' against the vacancies of the year 2010-11 on

notional basis with effect from 03-08-2012 i.e. the date from which his immediate junior Sh. Vijay Singh was so promoted. Petitioner has been given promotion on regular basis w.e.f. 15-04-2015 i.e. the date of passing of the order.

3. Learned counsel for the petitioner submits that the judgment dated 02.07.2014 has not been fully complied with, in that the respondents have, though promoted the petitioner to the higher post retrospectively but had erroneously granted notional effect to his promotion w.e.f., 03.08.2012 to 15.04.2015, which course was not available to the respondents.

4. Having heard learned counsel for the petitioner and perused the material record, I am of the view that the judgment passed by this Court is fully complied with. This Court has issued a specific direction to the respondents to take note of exoneration of the petitioner and promote him to the higher post w.e.f., the date his immediate junior has been promoted. This direction has been complied with, however, the petitioner has been promoted notionally for the period he has actually worked against the higher post. Be that as it may, this fresh cause of action entitles the petitioner to file a fresh petition.

5. In view of the above, no case for proceeding against the respondents in the instant contempt petition is made out and, therefore, this petition is dismissed. It shall, however, remain open to the petitioner to assail the order dated 15.04.2015 to the extent it does not grant him the regular promotion with pecuniary benefits w.e.f., 03.08.2012 i.e., the date his promotion has been given effect to.

6. Disposed of.

(SANJEEV KUMAR) JUDGE Srinagar 28.10.2021 Muzammil. Q

MUZAMIL QADIR 2021.11.01 10:47 I attest to the accuracy and integrity of this document