Hazoor Fatima vs Asgar Hassan Samoon
2022 Latest Caselaw 727 j&K

                                                               Sr. No.42

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU


                                             CCP(S) No. 212/2021


Hazoor Fatima                                 .....Appellant(s)/Petitioner(s)


                      Through: Mr. S.H. Shah Ashrafi, Advocate.

                 Vs

Asgar Hassan Samoon, Principal Secretary                ..... Respondent(s)
to Govt., Education Department.

                      Through: Mr. Amit Gupta, AAG

Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
          HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                 ORDER

06.05.2022

Order dated 12.03.2022 has been passed by the Director School

Education, Jammu, which is a part of the compliance report. According to

this order, following the judgments, which had attained finality, the

petitioner has been held entitled to appointment with effect from

06.07.2005 on notional basis without any monetary benefits except that

the said period would be counted towards qualifying service with a view to

entitle her to pay-fixation and pension.

Learned counsel for the petitioner states that although the order

has been passed, the instructions have not been carried out by the

concerned drawing and disbursing officers, delaying the actual benefits.

Mr. Amit Gupta, learned AAG appearing on behalf of the official

respondents, however, states that appropriate orders shall be passed by

the Directorate of School Education, Jammu, directing the Drawing and

Disbursing Officers to ensure that the benefits are actually reaped by the

petitioner not later than six weeks from today.

In that view of the matter, the present contempt proceedings

are closed. Liberty is granted to the petitioner to approach this Court

again for revival of the contempt proceedings in case the actual benefits

do not flow to the petitioner despite the orders of the Director School

Education, Jammu.

Disposed of accordingly.

                          (Rahul Bharti)        (Dhiraj Singh Thakur)
                              Judge                     Judge

Jammu
06.05.2022
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