Mushtaq Ahmad vs Gulzar Qureshi And Ors
2023 Latest Caselaw 952 j&K

                                                                  Sr. No.25
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                            CPSW No. 170/2011
                                            CM No. 2076/2012

Mushtaq Ahmad                                     .....Appellant(s)/Petitioner(s)


                     Through: Mr. A.A Khan, Advocate

                Vs


Gulzar Qureshi and ors                                         ..... Respondent(s)

                     Through: Mr. Raman Sharma, AAG



Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                  ORDER

15.05.2023

1. The present contempt petition has been preferred against the

order/judgment passed by this Court dated 13.12.2010 passed in SWP No.

322/2008 wherein the following directions have been passed:-

"In view of the controversy raised, let Tehsildar concerned hold an enquiry into this aspect of the matter as to whether petitioner belongs to village/habitation Thalla Dharamana where the EGS centre is located. Parties will appear before him within 15 days from today. He will decide the issue within a period of one month thereafter. In case the petitioner is found to be a resident of the village/habitation where the EGS Centre is located, appropriate orders shall be passed by the respondents for his re-engagement.

Writ petition is, accordingly, disposed of."

2. This Court vide order dated 30.09.2022 has directed Mr. Suneel

Malhotra, learned GA to examine two cases where persons have been appointed

as R-e-T even after the closure of the scheme. Mr. Malhotra, learned GA was

also directed to file an affidavit as to how and under what circumstances,

persons, namely, Mr. Javiaid Ahmad Batoo and Sansar Chand, have been

engaged after the closure of the scheme and if that be so, then why a different

yardstick was applied to the case of the petitioner. An affidavit in terms of the

aforesaid order has been filed by the erstwhile Director in which specific stand

has been taken in para Nos. 2 & 3 that in case of Sansar Chand and Mr. Javiaid

Ahmad Batoo, the order has been issued after availing all the legal remedies till

Hon'ble Supreme Court where the SLP filed by the State was dismissed in both

the cases and accordingly, the respondents are left with no option but to

implement the same. The respondents have not justified that how a different

yardstick was applied in respect of the petitioner in spite of the fact that a

finding has been recorded by the concerned Tehsildar after full-fledged enquiry

that the petitioner belongs to the village/habitation of Mohra Chakkal Thalla

Draman where the EGS centre was located and the said finding recorded by the

said Tehsildar had been upheld by the appellate authority i.e. Deputy

Commissioner, Rajouri vide order dated 24.03.2012.

3. Since the specific direction has been issued to the respondents by

virtue of the order/judgment dated 13.12.2010 that in case the petitioner is found

to be the resident of the village/habitation where the EGS Centere is located,

then the respondents were under legal obligation to pass the appropriate orders

for his re-engagement. Admittedly, in the present case, the enquiry has gone in

favour of the petitioner which has been upheld by the appellate authority i.e. the

concerned Deputy Commissioner and accordingly, the respondents are under

legal obligation qua the petitioner to implement the order/judgment passed by

this Court dated 13.12.2010 in its letter and spirit by issuing order of re-

engagement to the petitioner in conformity with the order/judgment passed by

this Court mentioned supra which has assumed finality.

4. Let fresh compliance report be filed on behalf of the Director, School

Education, Jammu in the manner indicated above within one week.

5. List on 03.06.2023.

(Wasim Sadiq Nargal) Judge

Jammu 15.05.2023 Tarun