Mushtaq Ahmed vs R. K. Gupta And Others
2023 Latest Caselaw 2227 j&K

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     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU


CPSW No. 416/2015

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

q
                        Through: Mr. R. K. S. Thakur, Adv.
                   vs
R. K. Gupta and others                                        ..... Respondent(s)
                        Through: None.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                   ORDER

09.10.2023

1. On 04.09.2023, learned counsel for the respondents, appearing for

respondent Nos. 1 to 4, had submitted that two applications have been

filed, one on behalf of the Finance Department and another on behalf of

the General Administration Department seeking exemption of personal

appearance of the officers belonging to the said departments. Besides

this, it was also stated that the latest facts relating to the case have also

been brought to the notice of the Court.

2. The aforesaid applications/statement of facts have been placed on

record.

3. The Forest Department in its compliance report has submitted that

pursuant to the passing of order dated 24.05.2023 by this Court, the

Administration Department vide No. FST/Lit/SF/143/2022-02 dated

06.06.2023 has intimated that the proposal with regard to the creation of

a supernumerary post of Helper in an appropriate scale of pay for

CPSW No. 416/2015

regularization of the petitioner was referred to the Finance Department

vide E-UO No FST/LIT/103/2021-02 dated 08.03.2023 followed by a

reminder dated 02.06.2023.

4. The Finance Department in its statement of facts dated 01.09.2023 has

submitted that the case was received in the Finance Department from

the Forest Department on 08.03.2023 and after examination of the

proposal, the Finance Department has conveyed its concurrence for

creation of one supernumerary post of Helper for regularization of the

services of the petitioner. The concurrence was sent to the Forest

Department on 10.07.2023.

5. In the application filed by the Commissioner/Secretary, General

Administration Department, it has been submitted that the Forest

Department has submitted the file to the General Administration

Department on 28.08.2023 and that examination of the proposal in light

of the orders of the Court requires some more time.

6. Today no one has appeared on behalf of the General Administration

Department to inform this Court about the latest status. Therefore, the

Commissioner/Secretary to the Government, General Administration

Department is directed to file an affidavit indicating the latest status as

regards the aforesaid proposal. The affidavit shall also indicate whether

or not the judgment of this Court has been implemented. In case

judgment of this Court is not implemented by the next date of hearing,

the Commissioner/Secretary to the Government, General

Administration Department shall appear in person before this Court on

the next date of hearing.

CPSW No. 416/2015

7. A copy of this order be sent to the Commissioner/Secretary to the

Government, General Administration Department through Mr. Raman

Sharma, AAG for ensuring its compliance.

8. List on 18.11.2023.

(SANJAY DHAR) JUDGE

Jammu 09.10.2023 Rakesh