Kartar Chand And Ors vs Rajiv Gupta And Ors
2022 Latest Caselaw 48 j&K

                                                                        Sr. No. 31



         HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                          AT JAMMU


                                                  CPSW No. 453/2016
                                                  IA Nos. 2/2017, 1/2017

Kartar Chand and ors                                              ....petitioner(s)

                   Through :- None


           V/s


Rajiv Gupta and ors                                             ....Respondent(s)

                  Through :-    Mr. R.S.Jamwal AAG

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

                                      ORDER

1 This is a petition for initiating contempt proceedings against the

respondents for willful disobedience and non-compliance of judgment dated

01.01.2016 passed in SWP No.08/2016, operative portion whereof reads as

under:

"This petition is accordingly disposed of in the similarterms as writ petition, SWP No. 2913/15. The respondents shall consider the case of the petitioners and pass appropriate orders granting them the similar relief as has been granted to the petitioners in the aforementioned writ petition provide they are similarly placed. Let this consideration be done and appropriate orders passed within a period of eight weeks from the date, a copy of this order along with a copy of Judgment dated 30.10.2015, passed in the aforementioned writ petition is made available to the respondents by the petitioners".

2 In response, respondents have filed three compliance reports and have also

placed on record three different consideration orders. Annexure R-1 appended

with the first compliance report is an order of the Executive Engineer, Mahore

Irrigation Division, Dharmari bearing No. MIDD/1167-69 dated 02.08.2017. A

perusal of this order indicates that the case of the petitioners 2, 3 5, 6 and 7 has

been considered. Petitioners 5, 6 and 7 were found eligible and they were,

accordingly, given the benefit of higher grade, but petitioner 2 and 3 were not

found eligible for the benefit of the circular issued in the year 1993 by the Chief

Engineer, PHE Department, Jammu and, therefore, their case was rejected. In

another compliance report, the respondents have placed on record an order

passed by the Executive Engineer, PHE Division, Reasi dated 3rd August 2017, a

perusal whereof indicates that petitioner Babu Ram has been considered and the

benefit of upgradation has been given to him. There is yet another compliance

report filed by respondent No.3 and along with the compliance report, an order

passed by Executive Engineer, PHE Mechanical Division, Udhampur dated 5th

August 2017 has been enclosed. From a perusal of the said order, it transpires

that case of the petitioner Mangat Ram too has been considered, but the said

petitioner has not been found eligible to the grant of benefit of up-gradation as it

was not covered by the circular issued by the Chief Engineer. Accordingly, the

case of the petitioner Mangat Ram too has been rejected.

3. In view of the compliance reports filed and the consideration orders

(supra) passed, the judgment passed by this Court stand substantially complied

with and, therefore, there remains nothing for further adjudication. Accordingly,

the proceedings in this contempt petition are closed.

(Sanjeev Kumar) Judge Jammu:

01.02.2022 Sanjeev

Whether order is speaking:Yes