Mohammad Ashraf Bhat vs Atal Duloo And Ors
2025 Latest Caselaw 1242 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Ashraf Bhat vs Atal Duloo And Ors on 31 May, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                  Serial No. 30
                                                                  Regular Cause List.


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                 CCP(S)/302/2020.


       MOHAMMAD ASHRAF BHAT .
                                                                 ...Petitioner(s)
             Through:     Mr. A.H. Naik, Advocate.

                                        VERSUS
       ATAL DULOO AND ORS.

             Through:     Mr. Waseem Gul, GA
                                                               ...Respondent(s)

CORAM:
             HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
                                   ORDER

31.05.2025

01. The petitioner is seeking implementation of judgment of the Writ

Court passed on 01.10.2015 whereby respondents were asked to settle the period

of absence of petitioner in the light of Annexure-G, J, K and L and averments

made in the writ petition under rules provided petitioner is similarly situated

person.

02. It is pertinent to mention that as per Annexure-G to the Writ

petition, the period of absence of one Dr. Mohd Saleem Tak was treated as leave

whatever kind due to him, vide Annexure-J to writ petition, period of absence of

Dr. Nisar Hussain Mandi was treated as leave without allowances, vide

Annexure-K-period of absence of Dr. Nisar Ahmad Gassi was also treated as

leave whatever kind due and the remaining period for which leave is not due was

to be treated as dies non and vide Annexure-L, petitioner had made a

representation to the respondents to accord similar treatment to him.

03. It seems that the respondents have issued consideration order dated

31.08.2023 whereby claim of the petitioner has been rejected. In the said

consideration order, it is nowhere stated as to in what manner the case of the

petitioner is different from the cases of the afore-named three doctors. The

respondents were directed to come up with the fresh compliance report as the

same was not found in tune with the judgment of the Writ Court. However, the

respondents have avoided todo so till date.

04. In view of the above, as a last chance, the respondents are directed

to file a fresh compliance report in the light of the observations made

hereinbefore.Incase the compliance report is not filed by next date of hearing,

the Commissioner/Secretary to the Government, J&K Health and Medical

Education Department shall appear before this Court through Virtual Mode for

explaining the circumstances under which the judgment of the Writ Court is not

being complied with.A copy of this order be sent to aforesaid officer through

Mr. Waseem Gul-learned Government Advocate.

05. The Registrar Judicial, Srinagar shall send virtual link to the

concerned officer well in advance.

06. Be listed on 28.07.2025.

(Sanjay Dhar) Judge

SRINAGAR 31.05.2025 Bisma