Mohan Lal Son Of Sh. Nanak Chand Resident ... vs Mr. M.H.Malik Commissioner/Secretary ...
2024 Latest Caselaw 2018 j&K

Jammu & Kashmir High Court

Mohan Lal Son Of Sh. Nanak Chand Resident ... vs Mr. M.H.Malik Commissioner/Secretary ... on 5 October, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

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


                                         CPSW No. 694/2017

Mohan Lal son of Sh. Nanak Chand resident of Rajinderpura Tehsil
and District Samba

                                       ...petitioner(s)
                          Through: - Mr Sheikh Najeeb Advocate.

             Vs.

1 Mr. M.H.Malik Commissioner/Secretary to Government, Floriculture
Department.

2. Ms Babila Rakwal Director, Department of Floriculture 24-C/C
Gandhi Nagar, Jammu

3. Mr. Khursheed Ahmed Shah Commissioner/Secretary to
Government, GAD holding additional charge of Administrative
Secretary of Floriculture Department.

                                       ...respondents
                          Through: -Mr. Raman Sharma AAG vice
                                   Mr. Rajesh Thapa Advocate


CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                          ORDER

1 Through the medium of present contempt petition, the petitioner is seeking implementation of judgment dated 13.10.2016 passed by the writ Court in SWP No. 1125/2010. Vide the said judgment, the respondents were directed to accord to the petitioner the benefit of Gardener with all consequential benefits. 3 As per the latest statement of facts/compliance report filed by the respondents, the judgment of the writ Court stands complied with. It has been submitted that pay arrears to the tune of Rs.22,58,848/-; monetary benefits on account of leave encashment to the tune of Rs.2,82,240/-; monetary benefits on account of time bound promotion in the amount of Rs.18,061/- and an amount of Rs.13,440/- on account of arrears of leave encashment have been credited to the bank account of the petitioner on 12.03.2020, 18.03.2020, 13.10.2021 and 28.10.2021 respectively. It has been further submitted that pension to the tune of Rs.12,540/- per month and gratuity of Rs.2,80,896/- has also been sanctioned in favour of the petitioner by the Accountant General and the amount of gratuity stands credited to the bank account of the petitioner on 23.07.2021.

4 So far as release of consequential benefits in favour of the petitioner in terms of the judgment of the writ Court is concerned, the only issue that was pending was with regard to the arrears on account of in situ promotion and it is on account of this that vide order dated

2..08.2023, the respondents were directed to file a fresh compliance report to show compliance to the aforesaid extent. In the compliance report dated 30.03.2024, it is clearly indicated that the monetary arrears on account of time bound promotion stands credited to the bank account of the petitioner and the respondents have also placed on record a copy of statement of account of the bank account of the petitioner to substantiate this fact.

5 In view of the above, the judgment of the writ Court stands complied with. The contempt proceedings are, therefore, closed and the petition is disposed of.

(Sanjay Dhar) Judge

Jammu 05.10.2024 Sanjeev

Whether order is speaking:Yes Whether order is reportable:Yes/No