Ishfaq Ahmad Tantray And Ors vs Khalid Jahangir
2022 Latest Caselaw 601 j&K/2

                                                              S. No. 28
                                                              Regular List


HIGH COURT OF JAMMU &KASHMIR AND LADAKH
               AT SRINAGAR

                              CCP (D) 8/2022

Ishfaq Ahmad Tantray and Ors.                               .....Petitioner(s)

Through: Mr. M. Ashraf Wani, Adv.

      V/s
Khalid Jahangir                                           .....Respondent(s)

Through: Ms. Sajad Ashraf, GA

CORAM:
HON'BLE MR. JUSTICE ALI MOHAMMAD MAGREY, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                  ORDER

17.05.2022

Mr. Sajad Ashraf, learned Government Advocate appearing for the

Chairman, J&K Service Selection Board submits that while the

respondent-Board was in the process of taking the selection process to its

logical conclusion in tune with the directions passed by this Court, the

Government of Jammu and Kashmir (General Administration

Department) in terms of notification dated 03.02.2022 asked the Board to

treat all the posts referred prior to 31.10.2019 for which selection have

not been finalized till date, as also the posts in which there are litigations

are to be treated as withdrawn. Therefore, in order to ensure

implementation of the judgment, the Board has written to General

Administration Department, Govt. of J&K for allowing the Board to

make recommendations against the posts of Assistant Information

Officer.

Perusal of the record reveals that the respondents were on their

undertaking granted time to take the selection process to its logical

conclusion at the earliest and with the said undertaking the contempt filed

by the petitioners prior to the instant one bearing CPLPA No. 20/2017

stands disposed of on 13.12.2021. Respondents having failed to

implement the order formed the ground for petitioners to file instant

contempt petition.

Mr. M. Ashraf Wani, learned counsel for the petitioners submits

that there is no scope for the respondent to play hide and seek in view of

the judgment of the Division Bench having become final after dismissal

of the SLP by the Hon'ble Supreme Court. It is further submitted that the

circular instructions of the Government cannot condemn the judgment of

this Court.

We grant two weeks' further time to respondent-Chairman, J&K

Service Selection Board to submit compliance and make it clear that

implementation of the judgment passed by this Court shall not be avoided

merely because of the directions passed by the Government. The Board

can make the recommendations by treating the directions of the Division

Bench as final without having any application of the notification issued

by the Government.

List on 29.06.2022.

               (PUNEET GUPTA)          (ALI MOHAMMAD MAGREY)
                  JUDGE                       JUDGE


SRINAGAR
17.05.2022
"Amir"