Nisar Ahmad Wani vs Mr. Kuldeep Kaiser & Ors
2021 Latest Caselaw 1162 j&K/2

                                                                               Item No.14
                                                                               Advance List

                       HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                                        SRINAGAR


                                             CPSW No.811/2012



                      NISAR AHMAD WANI                              ...PETITIONER(S)
                               Through: Mr. L. A. Latief, Advocate.

                      Vs.

                      MR. KULDEEP KAISER & ORS.                   ...RESPONDENT(S)

Through: None.

CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

(ORDER)(ORAL) 24.09.2021

1. Through the medium of instant petition, petitioner is

seeking implementation of order dated 26.04.2011 passed

by the Writ Court in SWP No.1407/2010. Vide the

aforesaid order, the following directions were issued by the

Writ Court:

"1. Respondents shall initiate a fresh process of selection for the posts at present occupied by the petitioner.

2. Respondents shall permit the petitioner also to participate in the process of selection if he is other wise found eligible for the post.

3. Till the process of selection is complete and eligible and suitable candidates are selected for the post, respondents shall be at liberty to allow the petitioner to continue on the post.

MOHAMMAD ALTAF BHAT 2021.09.28 16:53 I attest to the accuracy and integrity of this document

4. Wages for the period the petitioner has worked on the post shall be paid to him in accordance with the rules."

2. It seems that the petitioner had filed another writ

petition bearing SWP No. 2134/2011. In the said writ

petition an interim order came to be passed on 29-09-2011

whereby respondents were directed to consider the release

of salary of the petitioner for the period he has actually

worked. In compliance to the said order respondents

passed a consideration order bearing Government order

No.56-HME of 2012 dated 24-01-2012 whereby claim of the

petitioner was rejected on the ground that his

appointment being dehors the rules, he cannot be allowed

to continue.

3. The aforesaid Government order came to be

challenged by the petitioner by way of another writ petition

bearing SWP No.245/2012. The same was dismissed by the

Writ Court vide its judgment and order dated 11-09-2012.

Even an LPA against the said judgment stands dismissed in

terms of judgment of the Division Bench dated 03-12-2012.

4. The aforesaid facts have been clearly highlighted by

the respondents in their response to the contempt petition.

5. In view of the fact that the order of rejection of the

petitioner's claim for release of wages has been upheld by

MOHAMMAD ALTAF BHAT 2021.09.28 16:53 the Writ Court as well by the Division Bench, the petitioner I attest to the accuracy and integrity of this document

cannot now seek implementation of the order dated 26-04-

2011 passed in the earlier writ petition bearing SWP

No.1407/2010. It appears that the petitioner has resorted

to successive writ petitions on the same cause of action by

abusing the process of the Court. In these circumstances,

no case for proceeding against the respondents for having

committed violation of any Court order is made out. The

contempt proceedings against the respondents are dropped

and the contempt petition is dismissed.

(Sanjay Dhar) Judge Srinagar 24.09.2021 "Bhat Altaf, PS"

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

MOHAMMAD ALTAF BHAT 2021.09.28 16:53 I attest to the accuracy and integrity of this document