Adil Akhtar Shah & Ors vs Hirdesh Kumar Secy School ...
2022 Latest Caselaw 729 j&K

                                                               Sr. No. 12

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                            CCP(D) No. 5/2020 in
                                            CCP(D) No. 6/2020


Adil Akhtar Shah & Ors.                       .....Appellant(s)/Petitioner(s)



                     Through: Mr. Abhinav Sharma, Sr. Advocate with
                              Mr. Nitin Bhasin, Advocate.


                Vs


Hirdesh Kumar Secy School Education                     ..... Respondent(s)
Deptt. Jammu


                     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

petitioners have 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 them to pay-fixation and pension.

Learned counsel for the petitioners 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

petitioners not later than six weeks from today.

In that view of the matter, the present contempt proceedings

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

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

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

Education, Jammu.

Both the contempt petitions are accordingly disposed of.

                          (Rahul Bharti)        (Dhiraj Singh Thakur)
                              Judge                     Judge

Jammu
06.05.2022
Naresh