Bashir Ahmd Baqal And Ors vs Mr. Sandeep Naik
2021 Latest Caselaw 1139 j&K/2

                                                                       S. No. 29
                                                                       After Notice Matters
                      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                                 AT SRINAGAR
                                                                          CPSW No. 647/2015

           Bashir Ahmd Baqal and Ors.                                          .....Petitioner(s)

                                           Through:       Mr. Z. A. Qureshi, Sr. Adv.
                                                          with Mr. Asif, Adv.
                      V/s
           Mr. Sandeep Naik                                                 ..... Respondent(s)

                                           Through:       Mr. Hakeem Aman, Dy. AG.
           CORAM:
                               Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                      ORDER

21.09.2021

01.Petitioner is complaining the non implementation of the judgment and

order dated 11.12.2014 passed by this Court in SWP No. 987/2011.

The operative part of the order and judgment is quoted hereinbelow:

"Therefore, I think it would be appropriate to dispose of this writ petition together with connected CMPs, without commenting on the merits of the case, providing that the respondent will examine the pending representations of the petitioners and take a decision thereon strictly in accordance with the law, keeping in view of the judgment of the Supreme Court in Suraj Prakash Gupta's case, especially paragraph 52 thereof, within a period of three months, and communicate the result thereof to the petitioners. While taking decision on the representation of the petitioners, respondents shall also consider their promotion in accordance with rules."

02.Statement of facts/compliance report stands filed by the respondents,

copy whereof has been furnished by learned counsel for the

respondent to learned Senior Counsel for the petitioner in open

AASIF GUL 2021.09.22 06:34 I attest to the accuracy and integrity of this document Page |2 CPSW No. 647/2015

Court today. As per the compliance report, the claim of the petitioner

pursuant to the aforesaid order of the court has been considered and

the same has been found to be unsustainable. In view of this order

passed by this Court stands complied and as such, there is no need to

proceed further in the matter. The contempt proceedings are dropped

and the petition is disposed of accordingly. It shall, however, be open

to the petitioner to avail appropriate remedy against the Government

order No. 09-PDD of 2016 dated 25.1.2016 passed by the respondents

whereby the claim of the petitioner has been rejected.

Disposed of.

(Sanjay Dhar) Judge SRINAGAR 21.09.2021 "Aasif"

AASIF GUL 2021.09.22 06:34 I attest to the accuracy and integrity of this document