Jammu & Kashmir High Court
Bharat Bushan Suri vs B.R. Sharma on 12 August, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
S.No. 69
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No. :- CPSW No. 434/2014 in
SWP No. 1542/2002
Bharat Bushan Suri .....Petitioner(s)/Appellant(s)
Through: None.
Vs
B.R. Sharma, Pr. Secy. Planning and ..... Respondent(s)
Anr.
Through: Mr. Sumeet Bhatia, GA
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
12.08.2024
01. This Court vide order dated 09.08.2024 has observed that in light of
the compliance report filed by the respondents dated 18.04.2024 and also in light
of detailed consideration order passed on 08.06.2023, followed by order dated
17.04.2024, which were taken on record, the order/judgment dated 11.09.2003
passed by this Court, which is sought to be complied with, has already been
complied with.
02. It is also apparent from perusal of the order dated 09.08.2024 that the
respondents have issued the latest order dated 17.04.2024, wherein in terms of
approval of the competent authority and in compliance to the judgment dated
11.09.2003, followed by the Departmental Promotion Committee, sanction has
been accorded to the promotion of the petitioner notionally as Senior Assistant
w.e.f. 26.06.1992 to 12.03.2014, Head Assistant w.e.f. 13.03.2014 to 12.03.2017
and Section Officer w.e.f. 13.03.2017 to 29.02.2024 and monetarily for the last
month of his service i.e. March, 2024 upto the date of his retirement i.e.
31.03.2024 in the pay scale of Level-7 (44900-142400). Even sanction has also
been accorded to the creation of one supernumerary post of Senior Assistant
w.e.f. 26.06.1992 to 12.03.2014.
03. This Court was of the view that in the light of the latest consideration
order, nothing remains to be adjudicated any further in the instant contempt
petition and this was precisely the reason that learned counsel for the petitioner
was directed to have instructions in the matter and, accordingly, time was
granted, as the learned counsel for the petitioner wanted to go through the latest
consideration order.
04. Today, the case was taken up out of turn at the request of learned
counsel for the respondents in the pre-lunch session and since, none was present
on behalf of the petitioner, the matter was directed to be taken after lunch
session. Even at this stage, there is no representation on behalf of the petitioner.
This Court vide order/judgment dated 11.09.2003 passed by this Court has
allowed the petition with the following directions:-
a. to allow the petitioner to rejoin as Junior assistant in the
Department of Planning and Statistics;
b. to pay salary to the petitioner w.e.f the date of his rejoining on
which he submitted his joining report;
c. to treat the petitioner as Government servant borne on the
establishment of Planning and Statistics Department;
d. to allow all service benefits to him with effect from the date of his
appointment."
05. The respondents in compliance to the aforesaid direction, has issued a
detailed consideration order dated 08.06.2023 vide No. 172-DES of 2023 by
virtue of which, sanction was accorded to the:-
a. convening of a special DPC meeting for consideration of promotional
benefits in favour of the petitioner as early as possible after receipt of
the requisite documents required for placement before the Committee
and,
b. release of an amount of Rs. 13,12,776/- (Rupees thirteen lac twelve
thousand seven hundred and seventy six only) in favour of Chief
Planning Officer Baramulla out of available funds for payment to the
petitioner as salary arrears w.e.f 01.04.1998 to 02.12.2013 after
following requisite codal formalities, in compliance to the judgment
dated 11.09.2003 passed by the Hon'ble High Court in the case titled
Sh. Bharat Bhushan Suri V/s State & Ors. Thereby
retaining/withholding an amount of Rs. 9,73,334/- as relief taken
from Relief & Rehabilitation Commissioner (Migrants).
06. Even the promotional benefits have also been accorded to the
petitioner on superannuation on 31.03.2024 on the strength of order dated
17.04.2024 vide No. 139-DES of 2024 in terms of the approval of the competent
authority and in pursuant to the recommendation of the Departmental Promotion
Committee.
07. I have perused the compliance report and also the aforesaid
consideration orders, which have been issued by the respondents in furtherance
of the directions passed by this Court and, accordingly, this Court is the view
that the order/judgment dated 11.09.2003 passed by this Court stands complied
with and nothing remains to be adjudicated any further in the instant contempt
petition. Accordingly, proceedings in the instant contempt petition are closed.
Rule, if any, shall stand discharged.
(Wasim Sadiq Nargal)
Judge
JAMMU
12.08.2024
Mihul
