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Jammu & Kashmir High Court
Vijay Sharma vs Dheeraj Gupta on 15 December, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
2022:JKLHC-JMU:7070
Serial No. 167
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 102/2016 in
SWP No. 1846/2011
Vijay Sharma
.....Petitioner(s)
Through: Mr. Vikas Magotra, Advocate.
Vs
Dheeraj Gupta, Pr. Secy. PDD & Anr.
.....Respondent(s)
Through: Mr. Raman Sharma, AAG with
Ms. Saliqa Sheikh, Advocate.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(15.12.2025)
01. In no uncertain terms, this Court makes it very loud and clear
to the Principal Secretary to Government, Power Development
Department, J&K Government as well as Development Commissioner
(Power) J&K, Jammu that letter and spirit compliance of the writ
court direction in terms of judgment dated 16.04.2015 has not come
so far in favour of the petitioner who is engaged in this contempt
petition for last ten years going to be reached in coming March, 2026.
02. The petitioner had filed the writ petition SWP No. 1846/2011
to earn a merit based judgment dated 16.04.2015 which has
attained finality allowing no escape for the writ respondents from
complying with letter and spirit import and mandate of the judgment.
03. The writ court in its judgment has observed that the petitioner
has been made to chase justice for the last more than 16 years
meaning thereby adding said 16 years of his quest for justice and 16
years of pendency of this writ petition, thirty two years of petitioner's
life has gone in seeking justice and which is still being still avoided
and evaded from being delivered to him from the end of the Principal
Secretary, Power Development Department.
04. Mr. Raman Sharma, learned AAG has been called upon by this
Court to read the mandate of the writ court judgment between the
lines which clearly means that the petitioner was to be issued
appointment order for the district cadre Rajouri with effect from the
date other similarly situated persons came to be appointed against
the post of Technician Grade-III in the Power Development
Department.
05. Order of appointment was to be issued within a period of two
weeks and obviously that meant that the appointment of the
petitioner was to relate back to the similarly situated persons who
came to be referred by the writ court in the judgment dated
16.04.2015 whereas on the contrary the appointment order of the
petitioner came to be issued in the year 2015 as if the petitioner is an
appointee of 2015 and that is where the letter and spirit compliance
of the writ court's judgment is lacking from the end of the
respondents who are literally standing on the edge of being booked
for willful and deliberate contempt of the writ court directions at their
own risk and cost unless and until they come up with the due
compliance.
06. This Court accommodates Mr. Raman Sharma, learned AAG
appearing for the respondents to have re-look in the case scenario
and report instructions on the next date of hearing, failing which any
adverse shall be at the risk and cost of the defaulting respondents.
07. Mr. Vikas Magotra, learned counsel for the petitioner is
directed to lay a motion for impleadment of the present incumbents
holding the post of Principal Secretary to Government Power
Development Department and Development Commissioner (Power),
J&K, Jammu.
08. List on 29.12.2025.
09. A copy of this order be provided to Mr. Raman Sharma,
learned AAG for notice and compliance at the end of the respondents.
(RAHUL BHARTI)
JUDGE
JAMMU
15.12.2025
Shivalee
