Kamal Krishan Razdan vs Rohit Kansal
2024 Latest Caselaw 2235 j&K

Jammu & Kashmir High Court

Kamal Krishan Razdan vs Rohit Kansal on 28 October, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                 Sr. No. 16
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                         CPSW No. 665/2018


Kamal Krishan Razdan                              .... Petitioner/Appellant(s)

                        Through:-   Mr. Ajay Abrol, Advocate
                                    Mr. M.Y Akhoon, Advocate

                  V/s

Rohit Kansal, Pr. Secy. To                                 .....Respondent(s)
Govt. Planning Dev. And
Monitoring Deptt. And ors.

                        Through:-   Ms. Aparna Gupta, Advocate vice
                                    Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                     ORDER

28.10.2024

The petitioner is seeking implementation of judgment dated

07.05.2016 passed by the writ court whereby the respondents have been

directed to regularize the service of the petitioner as Assistant Director

from the date his juniors have been regularized and a further direction has

been issued to the respondents to fix the seniority of the petitioner over

and above his juniors with all consequential benefits.

While considering the previous statement of facts submitted by the

respondents, this Court vide order dated 13.03.2024 has made it clear that

the promotion, if any, given to the petitioner as Deputy Directory w.e.f

02.07.2013 cannot be notional in nature as the petitioner is entitled to

monetary benefits in terms of judgment of the writ Court. In spite of this

order, the respondents have issued another order bearing No. 101-JK

(PD&M D) of 2024 dated 02.09.2024 whereby while according sanction

to the creation of one supernumerary post of Deputy Director w.e.f

02.07.2013, it has been provided that the consideration of promotion of

the petitioner shall be accorded against the post of Deputy Director,

notionally w.e.f 02.07.2013 and monetarily for the last month of his

retirement, thereby ignoring the mandate of judgment of the writ Court

read with order dated 13.03.2024 passed by this Court. This prima-facie

shows that the respondents are not in a mood to implement the judgment

of the writ Court in its totality.

In view of the above, it is directed that respondent No. 1 shall appear

before this Court on the next date of hearing either in person or through

virtual mode for explaining the position.

Copy of this order be sent to respondent No. 1 through counsel for the

respondents.

List on 18.11.2024.

(Sanjay Dhar) Judge

Jammu:

28.10.2024 Tarun/PS