Sham Lal vs Dalip Thusoo And Another
2022 Latest Caselaw 143 j&K

                                                                     Sr. No. 38



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                        AT JAMMU

                                               CPSW No. 259/2017
                                               IA Nos. 01/2017 & 01/2018

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

                  Through :- None


         V/s

Dalip Thusoo and another                                     ....Respondent(s)

                 Through :-   Ms. Pallavi Sharma, Assisting counsel vice
                              Mr. Ravinder Gupta, AAG


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

                                    ORDER

01. This is a petition for initiation of contempt proceedings against the

respondents for willful disobedience and non-compliance of judgment dated

16.03.2016 passed in SWP No. 1951/2010 whereby a direction was issued to the

respondents to consider the case of the petitioner for grant of same benefits as

were given to respondent No. 4-Babu Ram w.e.f. the date the petitioner was

made to work as Record Keeper/Works Supervisor provided that the benefits

accorded shall be on notional basis but shall count towards seniority and other

benefits. The respondents were given four weeks' time to pass a consideration

order in this regard.

02. On being put on notice, respondents have filed statement of facts and have

placed on record a detailed consideration order bearing No. 103 of 2019 dated

04.10.2019. Perusal of the consideration order placed on record shows that the

case of the petitioner viz-a-viz respondent No. 4 has been considered in

compliance to the judgment passed by this Court and the petitioner has been

accorded benefits which are detailed in para-19 of the consideration order.

03. In view of the compliance report filed and consideration order placed on

record, no case for initiating contempt proceedings against the respondents is

made out, therefore, the proceedings in the contempt petition are closed. It shall

however, remain open for the petitioner to work out his remedy against the

consideration order, if the petitioner still feels dissatisfied.

(Sanjeev Kumar) Judge Jammu:

10.02.2022 Angita

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

ANGITA DEVI 2022.02.14 11:54 I attest to the accuracy and integrity of this document