Abdul Majid Tak vs Navin Kumar Tak
2022 Latest Caselaw 740 j&K/2

                                                        S. No. 49
                                                        Advance list
      IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR

                              CCP(S) 230/2020

 Abdul Majid Tak                                            ...Petitioner(s)

 Through: Mr. Altaf Haqani, Adv.

                                     Vs.

 Navin Kumar Tak                                           ...Respondent(s)

 Through: Ms. Insha Rashid, G.A.

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

                                  ORDER

26.05.2022

This is a petition for initiating contempt against respondents for

willful disobedience and non-compliance of the judgment dated 2nd

December, 2019, passed in SWP 1624/2017, whereby, this Court directed

the respondents 1 and 3, to examine the findings submitted by the enquiry

committee vide its communication dated 25th October, 2019 with reference

to the issue involved in the petition and accordingly pass appropriate

consideration orders in accordance with the law and the Rules governing the

appeal.

On being put on notice and in compliance to the judgment passed by

this Court, respondents have considered case of the petitioner vide

Government order No. 143-JK (ASH) of 2021 dated 21st October, 2021.

The copy of the order is passed on by Mr. Haqani, learned counsel for the

petitioner, and the same is taken on record.

From the perusal of the Government order it transpires that

respondents have considered the claim of the petitioner in the light of

judgment dated 2nd December, 2019, and have redressed the grievance of the petitioner except the re-fixation of the seniority. The perusal of the operative

portion of the Govt. order supra reveals that respondents have also decided

to re-fix the seniority in the light of the aforesaid Govt. order passed in

favour of the petitioner.

In view of the above, there remains nothing for adjudication in this

contempt petition, and the same is accordingly closed with the observation

that respondents may proceed to re-fix the seniority of the petitioner without

any further waste of time. Needless to say that, if the respondents do not re-

fix the seniority of the petitioner as reflected in the Govt. order, the

petitioner shall have liberty to come to this Court again by way of fresh

contempt petition.

Disposed of.

(SANJEEV KUMAR) JUDGE

SRINAGAR 26.05.2022 "Mir Arif"