Resident Of Village Gowari vs Ut Of J&K And Others
2024 Latest Caselaw 2145 j&K

Jammu & Kashmir High Court

Resident Of Village Gowari vs Ut Of J&K And Others on 16 October, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                             Serial No. 118


     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
Case:-   WP(C) No. 2311/2024
         CM Nos. 5660/2024 & 5661/2024

Resident of Village Gowari                                        .....Petitioner(s)

                       Through: Mr. Siddhant Gupta, Advocate.
                 Vs

UT of J&K and others                                           ..... Respondent(s)

                       Through: Mrs. Monika Kohli, Sr. AAG for R-1 to 4
                                Mr. Achal Sharma, Advocate for R-5.

Coram:    HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                    ORDER

(16.10.2024)

1. Mr. Siddhant Gupta, learned counsel for the petitioner has relied upon

a judgment of this Court passed in WP(C) No. 1872/2024 titled "Kuldeep

Singh Vs. UT of J&K and others".

2. Mr. Gupta, learned counsel for the petitioner states that the claim of

the petitioner is covered in terms of the judgment (supra) dated 30.08.2024. The

operative part of the judgment is extracted hereunder:

"3. Having regard to the aforesaid undisputed fact that the term of the office of a Lamberdar appointed by way of an interim measure in terms of section 14(4) of the Act of 1972 read with SRO 412 (supra) has not to exceed the period of six months, it is deemed appropriate under these circumstances to direct the official respondents to take immediate and necessary steps for filling up the post in question strictly in tune and line with the provision of the Act of 1972 read with Rules of 1980 and consider all eligible candidates including the petitioner herein.

4. Ordered accordingly and let the said exercise be commenced and concluded within a period of one month from the date a copy

of this order is produced by the petitioner herein before the respondents."

3. He further submits that the petitioner would feel satisfied, if the

instant writ petition is disposed of in terms of judgment dated 30.08.2024 and

direct the respondents to accord consideration to the same within some

reasonable period.

4. Mrs. Monika Kohli, learned AAG appearing for respondents No. 1 to

4 and Mr. Achal Sharma, Advocate appearing for respondent No. 5 state that

they have no objection, if the instant writ petition is disposed of in terms of

judgment dated 30.08.2024.

5. With the consent of learned counsel for the parties and keeping in

view the facts and circumstances of the case, the instant writ petition is disposed

of, at the threshold, with a direction to the respondents to consider the claim of

the petitioner in terms of judgment dated 30.08.2024 and commence the exercise

of election to the post of Lamberdar, strictly under rules and as per law, within a

period of six weeks from the date a certified copy of this order alongwith

complete set of writ petition is made available to the respondents.

6. Disposed of, as above alongwith connected applications.

(MOKSHA KHAJURIA KAZMI) JUDGE JAMMU 16.10.2024 Shivalee

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