Jammu & Kashmir High Court
Bhola Ram Sharma vs Sourab Bhagat & Anr on 18 March, 2023
Sr. No. 26
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 270/2017
Bhola Ram Sharma .... Petitioner/Appellant(s)
Through:- Mr. Nitin Bhasin, Advocate
V/s
Sourab Bhagat & anr. .....Respondent(s)
Through:- Mr. Ranjit Singh Jamwal, AAG
CORAM : HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
01. Petitioner has initiated the contempt proceedings against the
respondents for non-compliance of the judgment dated 29.03.2016 passed by
this Court in SWP No. 434/2011, by virtue of which, the writ petition was
allowed. Operative part of the judgment reads as under:-
"The petitioner is held entitled to regularization as electrician in
the pay scale of Rs.900-1830 against one of the posts created in
the year 1989 and shall be given effect of the same w.e.f., the
date when he was originally regularized as Helper in the pay
scale of Rs.630-940. He shall also be entitled to arrears from the
said date."
02. This Court vide order dated 16.09.2021, held that the judgment dated
29.03.2016 stands partially complied with and so far as payment of arrears are
concerned, that part of the judgment still has not been complied with by the
respondents and further eight weeks' time was granted to the respondents for
complying the above mentioned judgment.
03. This Court vide order dated 30.09.2022 again directed the respondents
to pass a fresh detailed consideration order strictly inconformity with the
direction passed by this Court vide order dated 29.03.2016 in SWP No.
434/2011, specifically dealing with the issue of admissible arrears, being paid
to the petitioner.
04. In terms of the order dated 30.09.2022, fresh compliance report has
been filed by the respondents wherein it has been stated that they have passed
the detailed consideration Order No. 105-E of 2022-23 dated 14.02.2023 in
compliance to the order dated 30.09.2022. Relevant extract of the said
consideration order is reproduced as under:
"Whereas the Government Order No. 1108-PW (I&PHE) of 1989
dated 18.12.1989 provided the pay scale of Mechanic as 1150-2050 and pay
scale of Electrician as 900-1830. It is pertinent mention here that the pay
scale of Mechanic was revised from 1150-2050 to 1400-2600 and the pay
scale of Electrician' was also revised from 900-1830 to 1200-2040.
Accordingly, the same was mentioned in Govt. order No. 74 of 1995-96
dated 21.09.1995 passed by the Chief Engineer, I&FC Department, Jammu
for the implementation of SRO-149 of 1973 as per Hon'ble High Court
Order dated23.03.1993 and 11.03.1993 and the respective benefits were
granted in favour of Sh. Ghulam Qadir Sofi Dr. and the petitioner keeping in
view the relevant Government Orders and pay-revisions at that time.
Whereas the petitioner was already been granted higher pay scale of
900-1830 (pre-revised) / 1200-2040 (revised) w.e.f. 24.11.1990 as per Govt.
Order No. 74 of 1995-96 dated 21.09.1995 and vide Govt. Order No. 36-PW
(Hyd) of 2020 dated 28.01.2020, the petitioner was regularized as Electrician
in the pay scale of 900-1830 (pre revised) / 1200-2040 (revised) w.e.f.
24.11.1990 without any arrears as nothing stands due in the favour of the
petitioner."
05. In view of the aforesaid, the judgment of this court dated 29.03.2016
passed by this Court in SWP No. 434/2011 has been complied with, therefore,
nothing survives for further consideration in the present petition.
06. Accordingly, proceedings in the present petition are closed and rule
framed, if any, stands discharged.
07. However, petitioner is at liberty to challenge the aforesaid
consideration Order No. 105-E of 2022-23 dated 14.02.2023, if he so advised.
08. Disposed of as indicated above.
(Wasim Sadiq Nargal)
Judge
JAMMU
18.03.2023
RAM MURTI
