Jammu & Kashmir High Court - Srinagar Bench
Hamidullah Dar And Anr vs Shri Bhupinder Kumar And Anr on 13 October, 2022
S. No.82
Regular list
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 521/2019
HAMIDULLAH DAR AND ANR ...Petitioner(s)
Through: None
Vs
SHRI BHUPINDER KUMAR AND ANR ...Respondent(s)
Through: Mr. RaisUd Din Ganaie, Dy. AG
CORAM:
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
13.10.2022
Instant contempt petition has been filed for alleged non-compliance of
the order dated 01.05.2019 passed in writ petition bearing SWP No.
682/2019 whereby the writ petition was disposed of in the following terms:
Writ petition, given case set up together with
submissions made by learned counsel for parties at
Bar, is disposed of with a direction to respondents to
accord consideration to the case of petitioners in
light of averments made in writ petition, annexures
appended thereto, including judgment dated 6th
December 2018, passed in SWP no.750/2010 titled
Shabir Ahmad Pir and others v. State of J&K and
others, provided the same is applicable to petitioners
and, of course, in accordance with rules occupying
the field. Respondents shall do well to take a decision
in the matter within a period of six weeks from the
date petitioners provide certified copy of this order
along with complete set of paper book to respondents.
Compliance report has been filed by the respondents and in paragraph
04 of the compliance report, it has been stated that the case of the petitioners
was examined and while examination following observations have been made
by the respondents:
The petitioners irrespective of having applied pursuant to
notification No.05 of 1991 dated 08-07-1991 for the post of Medical
Assistants, Divisional cadre, Kashmir issued by the J&K SSRB could
not make it to the merit.
The petitioners in the above captioned writ petitions have been
subsequently appointed in the department in compliance with the
orders of the Hon'ble High Court during the year 2008, 2009, 2016 &
2018 respectively on prospective basis and those who have been
appointed in year 2008-2009 are working under the provisions of
old pension scheme as was applicable at that point of time ,while as
rest of the petitioners who have been appointed beyond 2010 in
terms of SRO 400 of 2009 dated 31-12-2009, their services are
governed by Non-Pensionable Scheme (NPS).
The petitioners are not similarly situated to the petitioners in SWP
No. 750/2010-titled Shabir Ahmad Pir& Others VS State and others
as their appointments have been made beyond 2010 under the
provisions of SRO 400 of 2009 dated 31-12- 2009 in the New
Pension scheme,
The appointments of petitioners have been made against future
vacancies, which otherwise were required to filled up through direct
recruitment quota / selection process owing to the fact that all 200
vacancies referred by the department to the J&K SSRB in year 1991
in two spells were filled up after recommendations in favour of 200
selected candidates was received by this Directorate in year 1992.
Respondents have also annexed consideration order bearing No.
DHSK/Legal/Amt-636/C-120/Pul-381/C-119/422-441 dated: 13.09.2022
whereby the case of the petitioners, in light of the afore-quoted observations
made by the respondents, has been rejected/disallowed for being devoid of
merit.
Since the respondents have issued the consideration order rejecting the
claim of the petitioners, the instant petition does not survive, as the needful
has been done by the respondents. Therefore, the contempt proceedings are
closed.
However, the petitioners are at liberty to challenge the consideration
order passed by the respondents by availing appropriate remedy.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
13.10.2022
AAMIR
