Jagdish Chauhan vs Sarita Chauhan
2022 Latest Caselaw 1388 j&K

                                                                   Sr. No. 4

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

                                                CPSW No. 98/2019

Jagdish Chauhan                                    .....Appellant(s)/Petitioner(s)

                       Through: Mr. RKS Thakur, Advocate.


                  Vs

Sarita Chauhan, Secretary Education                          ..... Respondent(s)
Department and others

                       Through: Mr. Suneel Malhotra, GA.

Coram: HON'BLE MR. JUSTICE MOHD. AKRAM CHOWDHARY,JUDGE

                                   ORDER

06.10.2022

1. Vide judgment of this court dated 30.03.2016 passed in SWP

No.573/2002 petitioner had been ordered by writ of certiorari directing

respondents herein to take him having been selected as Teacher under SC

Category, District Cadre Udhampur, pursuant to the Notification No.01 of 1999

and appoint him accordingly, notionally, from the date of appointment of the

candidate figuring at Serial No.10 in the select list under SC Category and

monetarily from the date of this judgment and fix his seniority accordingly.

2. Having not been implemented the direction passed by this court by the

respondents, the petitioner has filed this contempt petition in the year 2019 and

during the pendency of this petition, the respondents have filed three statements

of facts on 10.08.2021, 04.10.2021 and 13.02.2022.

3. This court vide interim order dated 07.03.2022 had rejected the plea taken

by the respondents and Mr. Amit Gupta, learned AAG appearing for the

respondents had been granted last and final opportunity to implement the

judgment dated 30.03.2016.

4. Mr. Suneel Malhotra, learned GA appearing today has reiterated the

points taken in the earlier statements of facts filed by the respondents. The same

do not have any force as the respondents were under clear-cut direction to

appoint the petitioner in terms of the court order which has not been challenged

by the respondents and the judgment has now attained finality, thus, the

judgment is to be implemented in letter and spirit.

5. The respondents before framing rule against them, in the interest of

justice, are directed to implement the order and are given last and final

opportunity to do so within three weeks failing which the Administrative

Secretary of Education Department of Govt. of Jammu and Kashmir and the

Director School Education Department, Jammu shall remain present in court to

explain as to why the judgment has not been implemented.

6. List on 29.10.2022.

(MOHD. AKRAM CHOWDHARY ) JUDGE Jammu 06.10.2022 Raj kumar