Tara Mani vs Rigzian Sampheal And Others
2022 Latest Caselaw 1147 j&K

                                                                    Sr. No. 17

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU


                                                 CPSW No. 587/2018


Tara Mani                                                      ..... petitioner (s)

                               Through :- None

                         V/s

Rigzian Sampheal and others                                   .....Respondent(s)

                               Through :- Mr. Suneel Malhotra G.A.

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



                                   ORDER

1 The judgment passed by this Court on 18.09.2017 still awaits

compliance. Almost five years have passed and the respondents are busy in

passing on the buck from one office to another. The statement of facts filed on

behalf of the Director School Education, Jammu reveals that the petitioner

despite being senior was left out while regularizing the services of the

In-charge Lecturers in the DPC held in the year 2013 because of the circular

instructions issued by the General Administration Department vide order No.

743-GAD of 2007 dated 28.06.2007 and that the case of the petitioner is under

active consideration of the respondents and has been placed before the

designated committee. The Director School Education, however, has not

clarified as to who heads the designated Committee and who has failed to

consider the claim for the last eight months. The manner in which the

respondents have dealt with the case on hand clearly demonstrates the defiant

attitude of the respondents. Five years is not a period too short to comply with

the judgment passed by this Court. It is a fit case for initiating contempt

proceedings against the respondents. However, on the request of Mr. Suneel

Malhotra, learned Government Advocate, appearing for the respondents, that

needful shall be done by the next date of hearing, issuance of Robkar is

deferred. Let the respondents, in particular, respondent No.1 comply with the

judgment and submit a compliance report to this Court by the next date of

hearing, failing which, respondent No.1 as also the Director School Education

Department, Jammu shall appear in person.

2            List on 12.10.2022.

                                                 (SANJEEV KUMAR)
                                                      JUDGE
Jammu
17.08.2022
Sanjeev