Afroza Bano vs Asgar Samoon And Anr
2024 Latest Caselaw 1677 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Afroza Bano vs Asgar Samoon And Anr on 23 October, 2024

Author: Javed Iqbal Wani

Bench: Javed Iqbal Wani

                                                                         Serial No.16
                                                                         Reg. cause list

                IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                   AT SRINAGAR


                                        CCP(S) No. 268/2020 in
                                        SWP No. 1702/2016


           Afroza Bano
                                                                ..... Appellant/petitioner(s)
                                               Through: -
                                        Mr. G. A. Lone, Advocate

                                                      V/s

           Asgar Samoon and Anr.

                                                                        ..... Respondent(s)

Through: -

Mr. Ilyas Nazir Laway, GA CORAM:

HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE

(ORDER) 23.10.2024

1. Upon coming up for consideration the instant contempt petition today,

it came to be noticed that Judgment passed by this Court on 24.07.2018,

earned by the petitioner herein has remained till date unimplemented,

whereunder the respondents came to be directed to consider the claim of the

petitioner for re-imbursement of medical claim put forth by the petitioner

qua the ailments he was suffering from, received within and outside the then

State of J&K. The said consideration as per the Court direction had to be

accorded within a period of two months from the date of submission of the

claim by the petitioner. It is also revealed from the Judgment supra, that the

Court had further directed that in the event, respondents fail to make re-

imbursement to the petitioner within the stipulated time, i.e., within a period

of two months, the petitioner shall be entitled to simple interest @ 6% from

the first day after expiry of the stipulated time, till the amount is actually

reimbursed to the petitioner along with such interest.

2. Record available on the file would reveal that the respondents have

had filed a compliance report of the Judgment on 10.03.2023, wherein an

order of post facto sanction for medical reimbursement claim of the

petitioner to the tune of Rs. 4,21,367/-, had been accorded by the Director

School Education vide order dated 24.02.2020. Record would further tend to

show that in the said compliance report, Director, Finance School Education

Department in terms of letter dated 13.03.2020, however, had returned the

medical reimbursement claim/case of the petitioner notwithstanding the

grant of post facto sanction with the remark that the claim is time barred.

The contents of the letter prima facie are in direct conflict with

the purport and spirit of the Judgment compliance of inasmuch as the

above post facto sanction and though warrants initiation of contempt

proceedings against the Director, Finance, yet in order to ensure

compliance of the Judgment without any further delay, the

contemnors/respondents came to be summoned by this Court today,

whereupon the present incumbent holding the post of Director,

Finance School Education Department namely Mr. Kulbushan Kumar

appears along with Director, School Education and without joining

any further issue in the matter would pray for two weeks' time for

reporting compliance of the Judgment.

3. Having regard to the candid submission made by the above-named

officers present in the Court inasmuch as in the interest of justice, the

consideration of the instant contempt petition is deferred for enabling the

respondents/contemnors to report compliance of the Judgment.

4. List on 13.11.2024 for compliance and further consideration.

5. It is made clear that in the event the respondents/contemnors, report

compliance of the Judgment, their personal appearance before the Court

shall stand dispensed with.

(JAVED IQBAL WANI) JUDGE

SRINAGAR 23.10.2024 "Mohammad Yasin Dar"