Jammu & Kashmir High Court
Harbans Singh vs Saurabh Bhagat on 3 March, 2025
Author: Sindhu Sharma
Bench: Sindhu Sharma
S. No. 57
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 578/2018
Harbans Singh .....Appellant/Petitioner(s)
Through :- Mr. Nitin Bhasin, Advocate
v/s
Saurabh Bhagat, Secy Forest and Anr. .....Respondent(s)
Through :- Mr. Vishal Bharti, Dy. AG
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
03.03.2025
1. This contempt petition has been revived vide order dated 18.02.2025.
2. Divisional Forest Officer, Jammu, who was present in person, produced a
communication dated 06.02.2025, wherein a request had been made to the
Chief Conservator of Forest, Jammu for release of salary arrears claimed by
the petitioner and also sanction to disburse monetary benefits is accorded vide
Government order No.285-JK(FST) of 2024.
3. The respondents have filed their compliance report in terms of order dated
18.02.2025 and as per compliance report the respondents have granted 1st and
2nd time bound Insitu promotion in pursuance of J&K Civil Higher Standard
pay scale scheme Rules 1996 notified vide SRO No. 14 dated 15.01.1996 read
with SRO No. 225 of 1997 in favour of the petitioner.
4. It is also submitted by the learned counsel for the respondents that salary bills
of the petitioner from January 2024 to July 2024, December 2024 and January
2025 have already been disbursed and the salary bill from August 2024 to
November 2024 has already been forwarded to the Additional Treasury, New
Plot, Jammu for its drawl and the salary has also been drawn.
5. Mr. Nitin Bhasin, Advocate appearing for the petitioner submits that despite
the fact that in terms of order dated 23.12.2024, the respondents were directed
to give the actual benefits to the petitioner arising out of the afresaid Govt.
Order read with corrigendum, the same has not been granted. The 3rd time
bound promotion due to the petitioner is still pending. This part the seniority
has also not been fixed till date and pay fixation has not been done. Though the
respondents have submitted the bills to the treasury with regard to the arrears,
the same have not been received by the petitioner.
6. Mr. Vishal Bharti, learned Dy. AG appearing for the respondents submits that
with regard to the seniority of the petitioner there were some discrepancy with
regard to some candidates and the same being looked into by the respondents
and the seniority of the petitioner will be fixed by the respondents /Conservator
of Forest, East Circle, Jammu soon.
7. Since compliance with regard to the some part of the judgment with regard to
release of actual benefits remains, as such, learned counsel for the respondents
submits that they may be given just some time to comply with the judgment
passed by this court strictly in accordance with the provision of law.
8. Two weeks' time as prayed for is granted to the learned counsel for the
respondents to do the needful, failing which, respondent No. 1 shall appear in
Court through virtual mode or physical, on the next date of hearing. It is also
made clear that in case, respondents have compiled with the judgment passed
by this Court by or before the next date of hearing, respondents need not to
appear before this Court on the next date of hearing.
9. List on 25.03.2025
(SINDHU SHARMA)
JUDGE
JAMMU
03.03.2025
Javid iqbal
