Mohammad Afzal Chopan And Ors vs Mr. B. K. Singh And Ors
2021 Latest Caselaw 1217 j&K/2

                                                                       S. No. 20
                                                                       After Notice Matters
                      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                                 AT SRINAGAR
                                                                           CPSW No. 265/2014

           Mohammad Afzal Chopan and Ors.                                   .....Petitioner(s)

                                          Through:       Mr. Sajad Geelani, Adv.
                      V/s
           Mr. B. K. Singh and Ors.                                         ..... Respondent(s)

                                          Through:       Mr. Shah Amir, AAG.
           CORAM:
                               Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                     ORDER

30.09.2021 Through the medium of the instant petition, petitioners are seeking

implementation of the judgment and order dated 16.01.2014. The operative

part of the judgment is quoted hereinbelow:

In view of short controversy involved, petition is disposed of with a direction to respondents to finalize the seniority list, issue Final Seniority List and thereafter accord consideration to promotion of petitioners and their colleagues in accordance with the Final Seniority List. The exercise be completed preferably within two months from the date of receipt of copy of the order. Till then further promotions shall not be made and the promotions/ arrangements, if any, made shall not prejudice the seniority of petitioners.

During the pendency of this contempt petition, respondents have filed

statement of facts firstly on 27.08.2014 and thereafter on 20.12.2016. In the

first statement of facts, it was conveyed to the Court that the Department is

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in the process of verification of the PG Degrees of the petitioners from their

concerned DEC recognized Universities and in case, it is found that the

petitioners fulfill the requisite condition laid down in the Government Order

No. 252-HE of 2012 dated 30.05.2012, their case for promotion will be

considered.

In the subsequent statement of facts dated 2012.2016, it was informed

that the matter was examined in the Department and it was necessary to

build a comprehensive mechanism in light of the Cabinet Decision No.

104/14/2012 dated 16.05.2012 and the Government Order No. 252-HE of

2012 dated 30.05.2012. It was further submitted that the Department is

examining alternative proposal either to conduct test in pursuance of the

Government directions or to frame a uniform eligibility test for promotion of

Masters as Lecturers, however, the same may require amendment in the

relevant recruitment rules.

The subsequent statement of facts was considered by this Court on

30.12.2016 and it was observed that the respondents are trying to hoodwink

the process of Court. No further information has been given to the Court

inspite of the fact that repeated directions were passed by this Court asking

the respondents to file statement of facts.

It is an irony that an order passed by this Court way back in January,

2014 is not being complied with even after a lapse of more than seven and

half years and the petitioners are being denied fruits of the judgment which

they have earned from the writ court. This trend of playing with the orders of

the Court at all levels of the Government needs to be arrested lest it may be

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too late in the day and a situation of anarchy may prevail. Taking a serious

view of the matter is need of the hour.

At this stage, Mr. Shah Amir, learned Sr. AAG has prayed that one

last opportunity may be provided to him to comply with the judgment of this

Court. At his request, for the present, the Court refrains from passing any

adverse directions against the respondents. However, it is directed that

respondents shall file compliance report positively by next date of hearing

failing which the present incumbents i.e, Commissioner/Secretary to

Government School Education Department and Director, School Education

Department, Kashmir shall appear in person before the Court to explain as

to why proceedings in accordance with law be not initiated against them for

having violated the orders of the Court.

Copy of this order be provided to Mr. Shah Amir, learned AAG for

ensuring its compliance.

List on 28th October, 2021.

(Sanjay Dhar) Judge SRINAGAR 30.09.2021 "Aasif"

AASIF GUL 2021.10.01 06:57 I attest to the accuracy and integrity of this document