Abdul Rashid Wani vs Agriculture (State Government)
2023 Latest Caselaw 676 j&K/2

                                                              S. No. 40
                                                              Regular list


  IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                           CPSW 254/2014 in
                            SWP 1119/2012

Abdul Rashid Wani                                        ...Appellant(s)

Through: Mr. Mohammad Ashraf, Advocate

                                  Vs

Agriculture (State Government)                            ...Respondent(s)

Through: Mr. Furqan Yaqub Sofi, GA

CORAM:
 HON'BLE MR JUSTICE WASIM SADIQ NARGAL, JUDGE

                               ORDER

31.05.2023

01. The respondents have filed fresh compliance report/statement of

facts and along with the same, a detailed consideration dated 28th

July 2022, passed by the Director of Horticulture of Kashmir, has

been placed on record. The aforesaid order is in direct conflict

with the order passed by this Court dated 12th May, 2022, wherein

it has been observed by this Court that on perusal of the enquiry

report and the order passed thereon by the Director Horticulture,

Kashmir, it was manifestly clear that the respondents have not

considered the matter in its right perspective having regard to the

communication of the Chief Horticulture Officer, Pulwama,

whereby it has been specifically recorded that the petitioner has

been working on daily rated basis since November, 1993 and that

he had also performed his duties in the Parliamentary Election

held in the year 1996. It has also been observed that the

respondents have overlooked the communications of the Officers of their own department and have not acted upon the order passed

by this Court which is sought to be implemented. While passing

the aforesaid order, this Court has observed that the respondents

have violated the order passed by this Court for having not

considered the matter in the light of directions for taking into

account the communication of the Chief Horticulture Officer,

Pulwama ,with regard to the engagement of the petitioner as DWR

since November, 1993 and also having performed the election

duties in the year 1996, therefore, on the basis of the aforesaid

communications, the petitioner was entitled to be regularized in

terms of SRO 64 of 1994 having rendered seven years of service.

02. On perusal of the statement of facts, which was filed by the

respondents, this Court has already rejected the same and has

observed that the respondents have flouted the order/judgment

passed by this Court and are required to be punished. However,

this Court before proceeding and framing rule against

respondents, granted another opportunity to them to examine the

claim of the petitioner afresh for implementing the order passed

by this Court having regard to the observations made therein,

particularly, with regard to the communications referred above.

Accordingly, the respondents were given last and final opportunity

to implement the order passed by this Court and submit the fresh

compliance report by or before next date of hearing, failing which,

the Director Horticulture, Kashmir, was directed to remain present

before this Court on the date fixed to show cause as to why rule

may not be framed against him.

03. Respondents have again rejected the case of the petitioner by

virtue of order dated order no. 33/Lit/2022, dated 28th July, 2022, passed by Director of Horticulture Kashmir, which is again in

violation of the order passed by this Court, as the respondents have

deliberately and willfully flouted the order with impunity.

04. This Court was inclined to frame rule today but the learned

appearing counsel for the respondents assures that the order dated

12th May, 2023, passed by this court shall be implemented in its

letter and spirit on or before 2nd June, 2023. In light of the

assurance extended by the learned counsel for the respondents, the

framing of the rule is deferred for the time being.

05. It is, however, made clear that in case the order is not complied

with on or before the next date of hearing, the Director

Horticulture, Kashmir, shall appear in person on next date of

hearing, to show cause as to why the rule be not framed against

him, as was observed by this Court vide order dated 12th May,

2023.

06. List on 2nd June, 2023.

(WASIM SADIQ NARGAL) JUDGE SRINAGAR 31.05.2023 MUBASHIR