Bashir Ahmad Sanie vs Shalin Kabra And Ors
2025 Latest Caselaw 6 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Bashir Ahmad Sanie vs Shalin Kabra And Ors on 2 May, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                               05
                                               Regular

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT SRINAGAR
                                  CCP(S) No. 430/2020

Bashir Ahmad Sanie
                                                    ..... Petitioner (s)

                        Through: Mr. Mian Tufail, Adv.

                    V/s

Shalin Kabra and Ors.
                                               ..... Respondent(s)
                        Through:   Ms. Maha Majeed, Advocate
                                   vice Mr. Mohsin Qadiri, Sr. AAG
                                   Mr. Illyas Laway, GA
Coram:
           Hon'ble Mr. Justice Sanjay Dhar, Judge

                              ORDER

02.05.2025

1. Through the medium of present contempt petition, the petitioner

is seeking implementation of the judgment dated 06.06.2013

whereby the respondents have been directed to consider the case

of the petitioner for promotion against the post of Junior

Assistant from the date it has been accorded in favour of

respondent No. 5/Bashir Ahmad Dar. It is pertinent to mention

here that respondent No. 5/Bashir Ahmad Dar has been accorded

promotion as Junior Assistant w.e.f 16.11.1996. It seems that the

respondents while implementing the judgment and granting Page |2

promotion to the petitioner w.e.f 16.11.1996, have done so

notionally without giving any monitory benefits to him.

2. Vide order dated 27.04.2022 it was made clear to the

respondents that in the judgment dated 16.06.2013, it was

nowhere provided that the petitioner was to be given only

notional effect to his retrospective promotion and that he could

not be denied the monetary benefit of retrospective promotion.

Accordingly, the respondents were directed to file fresh

compliance report which they did.

3. On 31.10.2022, fresh compliance report filed by the respondents

was considered by this Court in which it was claimed that the

matter regarding sanction of one supernumerary post of Junior

Assistant and release of all other consequential benefits accruing

to the petitioners, have been taken with the Administrative

Department which is still awaited. Thereafter a fresh compliance

report was filed by the respondents. On 14.02.2024, the same was

considered by this Court and it was stated that the said report

cannot be accepted as the compliance report was found not to be

in tune with the judgment of the writ Court.

4. On last date of hearing, i.e on 08.04.2025, the respondents were

granted last and final opportunity of two weeks to file statement Page |3

of facts/compliance report subject to payment of Rs. 2000/- as

costs. Neither costs have been deposited nor judgment of the writ

Court has been complied with by the respondents.

5. In view of the above circumstances, prima facie, it appears that

the respondents have committed Contempt of this Court.

Accordingly, Rule is directed to be framed against the

respondents. Registrar Judicial shall issue show cause notice to

the respondents asking them to appear in person either physically

or through Virtual Mode and explain as to why they should not

be dealt with in accordance with Contempt of Courts Act.

Registrar Judicial shall provide virtual link to the respondents

well in advance.

6. List on 17.07.2025.

(Sanjay Dhar) Judge SRINAGAR 02.05.2025 Aasif