Mohan Lal vs Rakesh Gupta And Others
2021 Latest Caselaw 1107 j&K

                                                                           S. No. 21



      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                       AT JAMMU
                                       CPSW No. 217/2012


Mohan Lal                                                .....Appellant/Petitioner(s)

                                Through :- Mr. M. P. Sharma, Advocate

                          v/s

Rakesh Gupta and others                                            .....Respondent(s)

                                Through :-   Mr. Ayjaz Lone, Dy.AG


CORAM:
            HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                   ORDER

This Court vide judgment dated 17.04.2012 in SWP No.

1475/2010 has passed the following directions:

"This Petition is, accordingly, allowed. A direction shall issue to respondent No. 1 to consider the petitioner's case and pass appropriate orders thereon within eight weeks for his regularization in Government Service with effect from the date he became entitled thereto keeping in view the fact that persons junior to him were regularized more than four years ago."

Response stands filed by the respondents in which it is stated that

pursuant to the directions of this Court, the answering respondents vide

Government Order No. 29-JK(FST) of 2020 dated 14.02.2020, considered the

claim of the petitioner and the petitioner has been regularized in relaxation of

rules but his case for retrospective effect has been rejected due to reason that

the petitioner does not fall under the provisions of SRO 64 of 1994.

A perusal of the judgment dated 17.04.2012(supra) reveals that it

is incumbent upon the respondents to pass appropriate order taking into

consideration that the persons juniors to the petitioner were regularized more

than four years ago. In that view of the matter, the compliance report filed by

the respondents is not in accordance with the judgment sought to be complied

with.

The respondents are directed to file fresh compliance report within

four weeks, failing which, the respondent No. 1-Commissioner Secretary to

Government, Forest Department, Civil Secretariat, Jammu/Srinagar shall

remain present in Court on the next date of hearing.

List on 27.10.2021.

(Rajnesh Oswal) Judge JAMMU 14.09.2021 Rakesh