Jammu & Kashmir High Court
Robkar vs Principal Secretary To. Govt. Home on 3 January, 2025
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Serial No. 4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
ROBSW No. 10/2024 in
CPSW No. 135/2017
c/w
CPSW No. 135/2017
ROBKAR .....Appellant(s)/Petitioner(s)
Through: Mr. Sumit Nayyar, Advocate.
vs
Principal Secretary To. Govt. Home ..... Respondent(s)
Department Jammu and another
Through: Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
03.01.2025
1. In the instant contempt petition, the petitioner herein has complained
non-compliance of judgment dated 21.07.2016 passed in SWP No.
508/2013 titled Mukesh Kumar Vs. State of J&K and others, whereby the
writ petition of the petitioner for out of turn promotion to the rank of Dy.
SP from a retrospective date, i.e. with effect from 13.10.1998 with all
consequential benefits and reckon his seniority accordingly has been
allowed.
2. Respondents/contemnors have filed compliance report on 18.12.2024
accompanied with Government Order No. 586-Home of 2024 dated
17.12.2024, concluding para whereof reads as under:
"Now, therefore, in due deference to order dated
21.07.2016, passed by Hon'ble High Court in SWP No.
508/2013 titled Mukesh Kumar vs. State of J&K & another
read with order dated 11.11.2024 passed in CPSW No.
135/2017, sanction is hereby accorded to the creation of
one supernumerary post of Deputy Superintendent of
c/w
Police, in PB-2 (9300-34800)+ Grade Pay 4800/- (Now
revised to Level-8 (47600- 151100) w.e.f. 13.10.1998 to
31.05.2003, and promotion of Mr. Mukesh Kumar as
Deputy Superintendent of Police w.e.f. 13.10.1998.
Further, the seniority of Mr. Mukesh Kumar is fixed below
Shri Ghulam Jeelani (seniority No. 167) and above Shri
Ram Lal Sharma (Seniority No. 168), figuring in the final
Seniority list of Dy. SPs notified vide Government Order
No. 992-Home of 2019 dated 28.09.2019: The benefit of the
promotion shall exclusively be applicable only to the
petitioner of the instant case and shall in no case be a
precedent.
The order shall be subject to the outcome of Review
Petition pending adjudication before the Hon'ble Supreme
Court."
3. In view of the aforesaid position obtaining in the matter, the
respondents seemingly have complied with the judgment dated
21.07.2016, necessitating closure of contempt proceedings.
4. Accordingly, contempt notice issued to the respondents/contemnors is
recalled and contempt proceedings are closed.
5. In view of the closure of contempt proceedings against the
respondents/contemnors, ROBSW No. 10/2024 drawn and framed
against the respondents/contemnors too is dropped.
6. Disposed of along with the connected applications.
(JAVED IQBAL WANI)
JUDGE
Jammu
03.01.2025
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
