Ved Parkash And Others vs M.H.Malik And Others
2022 Latest Caselaw 73 j&K

                                                                    S.No.21



               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU
                           (through virtual mode)
                                                 CPSW No.464/2017
                                                 CM No.9110/2021

Ved Parkash and others                                           ...Petitioner(s)
                          Through: Mr. F.A.Natnoo, Advocate
      V/s
M.H.Malik and others                         ...Respondent(s)
                 Through: Mr. Dewakar Shara, Dy. AG
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                                      ORDER

This is an application by the petitioners for substitution of the arrayed respondents by the new incumbents in office, the particulars whereof are given in para No.2 of the application. It is submitted that despite the fact that new incumbents are in office for some time, they too have taken no step to comply with the order of this Court.

Therefore, this application, for the reasons stated in it, is allowed. The new incumbents, details whereof is given in para 2 of the application are substituted in place of the arrayed respondents. The petitioner shall file fresh memo of parties before the Registry within a period of two weeks.

Mr. Dewakar Sharma, Dy. AG waives notice on behalf of the substituted respondents.

The compliance report has been filed. Along with the compliance, the respondents have also placed on record copy of order bearing No.226-DFJ of 2021 dated 08.04.2021, whereby case of the petitioner has been rejected on the ground that they have worked with them only on need basis without any formal order of engagement. The respondents, however, have not considered as to whether the petitioners were engaged before promulgation of SRO 64 of 1994 and had completed seven years continuous service. This aspect is vital for according consideration to the case of the petitioners in light of the judgment passed by Division Bench in the case of State and others v. Anuradha, 2011(1) JKJ 870 [HC].

With a view to better appreciate this position, let record of the wrt pettion SWP No.1563/2016 disposed of on 09.11.2016 be tagged with this contempt petition. Mr. Dewakar Sharma, in the meanwhile, shall file fresh

status report indicating, inter alia, the date on which the petitioners were engaged. He shall also indicate as to whether the petitioners have completed continuous service of seven years or not. Fresh affidavit in this regard be filed by the Director, Floriculture, Gardens and Parks, Jammu by the next date of hearing.

List on 10th March, 2022.

(Sanjeev Kumar) Judge JAMMU:

03.02.2022 Vinod, Pvt. Secy.