Sarabjeet Singh vs Sheikh Ejaz Iqbal
2025 Latest Caselaw 951 J&K

Citation : 2025 Latest Caselaw 951 J&K
Judgement Date : 17 February, 2025

Jammu & Kashmir High Court

Sarabjeet Singh vs Sheikh Ejaz Iqbal on 17 February, 2025

                                                                      Sr.No. 46


                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                               AT JAMMU

                                                      CPSW No. 359/2013 in SWP No.
                                                      2309/2012


Sarabjeet Singh                                                       .... Petitioner(s)

                    Through :- None.

          V/s

Sheikh Ejaz Iqbal, Secy. Forest and Ors.                             ....Respondent(s)


                    Through :- Mr. Vishal Bharti, Dy. AG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                         ORDER

17.02.2025.

1. The instant contempt petition has been preferred against order/judgment passed by this Court dated 11.10.2012 in SWP No. 2309/2012 a perusal whereof reveals that the writ petition was disposed of and a direction was issued to the respondents for regularization of services of the petitioner in accordance with rules notified vide SRO No. 64 of 1994 and the respondents were directed to take a decision within a period of three weeks from the date a copy of this order was served.

2. The record reveals that a notice was issued in the instant contempt petition on 10.09.2013 and the last date of hearing in the instant contempt petition was 24.04.2018 and since then, no efforts have been made by the petitioner to get the instant contempt petition listed.

3. However, statements of facts have been filed on behalf of respondent Nos. 1 to 3, wherein the stand has been taken that since the regularization of the petitioner requires creation of posts by formal approval by the Government and the case of the petitioner was pending for regularization is subject to the concurrence of Finance Department and in the light of the stand taken, the order was not complied with.

4. The latest compliance report has been filed on behalf of respondent No.1 on 02.04.2018 in which the respondents have taken a specific stand that the Department vide communication dated 04.01.2017 took up the matter with the Finance Department for placing the same before the Empowered Committee for regularization of 07 candidates including the petitioner. Pursuant thereto, Empowered Committee held on 04.04.2018 has taken a decision to regularize the petitioner.

5. Proposal thereafter, has been sent for placing the same before the Empowered Committee, which decision as per the stand taken by the respondents was not taken on the date when the aforesaid reply came to be filed.

6. Today, when the instant contempt petition was taken up, there is no representation on behalf of the petitioner.

7. Mr. Vishal Bharti, learned counsel for the petitioner seeks just two days' time to apprise this Court with regard to the final decision taken by the said Empowered Committee and also to apprise this Court whether the Financial concurrence has been accorded or not.

8. Let the fresh instructions be sought in the matter.

9. Heard in part.

10. List for continuation on 21.02.2025.

(Wasim Sadiq Nargal) Judge

Jammu: