Jammu & Kashmir High Court
Bilal Ahmed Bhat And Ors vs Chandraker Bharti on 17 October, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
(Through VC)
Case No.:- CCP(D) No. 34/2024
In WP(C) No. 1546/2021
CCP(D) No. 36/2024
CCP(D) No. 48/2024 (for Jammu Wing)
CCP(D) No. 38/2024 in LPA No. 28/2023
Along with connected matters (for Srinagar Wing)
Bilal Ahmed Bhat and Ors.
.....Petitioner(s)
Through: Mr. Jahangir Iqbal Ganai, Sr. Advocate with
Mr. Suhail Mehraj, Advocate.
Mr. Syed Faisal Qadiri, Sr. Advocate with
Ms. Mariya Advocate & Mr. Amjid Maqbool,
Advocate.
Mr. Hanan Kalwal, Advocate.
Mr. Abhinav Sharma, Sr. Advocate with
Mr. Abhimanyu Sharma, Advocate.
Mr. Rahul Pant, Sr. Advocate with
Mr. Anirudh Sharma, Advocate.
Mr. Arshid Pervaiz Malik, Advocate.
Vs
Chandraker Bharti
Principal Secretary to Government
Home Department, Jammu and Ors.
..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG
Mr. Mohsin Qadiri, Sr. AAG with
Ms. Maha Majeed, Advocate
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
Coram:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
CCP(D) Nos. 34/2024, 36/2024, 48/2024 & 38/2024 Page 1 of 6
ORDER
(17.10.2025)
1. Through the medium of the present contempt petitions, the
petitioners are seeking implementation of judgment dated
24.11.2023 passed by this Court in a bunch of Letters Patent
Appeals and writ petitions whereby the following directions were
extended:
(i) The appellants in LPASW No. 144/2017, LPA No. 28/20123, LPA
No. 29/2023, LPA No. 30/2023, LPA No. 31/2023, LPA No.
32/2023, LPA No. 33/2023, LPA No. 34/2023, LPA No. 35/2023
stated to be numbering 151 (one fifty one) and who are presently
serving as Wireless Assistants, shall forthwith be appointed as
Constables (Operator) on regular basis by adjusting against 170
(one seventy) vacant posts of Constables (Operator) and their
appointments shall be given effect notionally from the date they
were initially appointed as Constables (Operator) without any back
wages.
(ii) The services of those persons who are already appointed as
Constables (Operator) after the services of the appellants were
terminated vide order dated 19.01.2017 will remain undisturbed
and will be en-bloc senior to the appellants in the LPAs as the
seniority of the Constables (Operator) should be based on the state
level list which was prepared in terms of the direction issued by
the Ld. Single Judge in the impugned judgment and order dated
09.05.2014 in SWP No. 1352 of 2010 and other writ petitions as
this would truly reflect the comparative merit of the candidates,
irrespective of the fact that they may be appointed on different
dates and in different districts.
(iii) In order to avoid any such similar future litigation, the official
respondents should clarify the status/positionof the Constable
(Operator) qua the Constable as provided in the J&K Police Rules,
1960.
(iv) The private respondents in WP(C) Nos. 1546 of 2021, 1548 of
2021, 1684 of 2021, 1585 of 2021 and 736 of 2023 who have
continued to pursue their claim till now, stated to be numbering
63 (sixty three) shall be appointed as Wireless Assistants against
the resultant 151 (one fifty one) vacant posts of Wireless
Assistants, subject to their suitability and on attaining the
benchmark in terms of the performance in the recruitment process
pursuant to the advertisement dated 09.03.2007 as may be
decided by the appointing authority as observed above within a
period of one month from today.
2. The aforesaid judgment has attained finality inasmuch as
Special Leave Petition against the said judgment stands
dismissed by the Supreme Court. The Home Department as well
as Director General of Police have come with statement of facts.
It is pertinent to mention here that in the light of similar orders
passed by this Court the figure of 63 mentioned in para (iv) of
afore-quoted directions stands revised to 85.
3. In the statement of facts filed by the Home Department, it has
been submitted that implementation of the aforesaid judgment
involves creation of 145 supernumerary posts of Constable
(Operator) as on 01.07.2010 and that a proposal in this regard
has been forwarded to the Finance Department on 09.10.2025. It
has been further submitted that once the proposal is accepted
and the posts are created, the judgment of the Court would be
implemented in its letter and spirit.
4. So far as direction with regard to appointment of 85 candidates
as Wireless Assistants is concerned, it has been indicated in the
statement of facts filed by the Director General of Police that
their appointments were to be made subject to their suitability
and on attaining the benchmark in terms of the performance in
the recruitment process pursuant to the advertisement dated
09.03.2007 that was to be decided by the appointing authority.
It has been submitted that the cases of these 85 candidates were
considered and they were not found suitable for their
appointment and in this regard consideration order bearing
No.4166 of 25 dt. 16.10.2025 has been passed.
5. We have heard learned counsel for the parties and perused the
record.
6. So far as the creation of 145 supernumerary posts w.e.f.,
01.07.2010 is concerned, prima facie, it appears that submission
of the respondents-contemnors in this regard is justified because
as per the judgment, the appointment of 151 Wireless Assistants
as Constables (Operator) has to be given effect notionally from
the date they were initially appointed as Constables (Operator)
without any back wages. Thus, with a view to give notional effect
to their appointments retrospectively, supernumerary posts are
required to be created. However, we are of the opinion that the
respondents-contemnors, in order to show their bonafides, could
have appointed these 151 candidates as Constables (Operator) at
least prospectively on available vacancies. Their retrospective
notional appointments could have awaited the creation of
supernumerary posts. Therespondents-contemnors have not
even made their appointments on prospective basis which casts
a cloud about their willingness to implement the aforesaid
judgment.
7. In view of the above, we direct the presence of Director General
of Police, J&K Police before this Court through virtual mode on
next date of hearing with a view to furnish an explanation to this
Court as to why the prospective appointments in terms of the
direction No. (i) quoted above have not been ordered particularly
when it was the stand of the respondents-contemnors before the
Court that 170 vacant posts of Wireless Operator are available,
which is noted in interim order dated 08.06.2023 passed by the
LPA bench.
8. So far as the question whether rejection of claim of 85
candidates for their appointment in terms of direction No. (iv) is
in conformity with the said direction, the same would be
determined after hearing the parties on the next date of hearing.
In the meantime, Learned Sr. AAG shall furnish copies of
statements of facts filed by the respondents/contemnors to
Learned counsel appearing for the contempt petitioners.
9. List these petitions on 31.10.2025.
10. A copy of this order be sent to the Director General of Police,
J&K Police through learned Sr.AAG.
(SANJAY DHAR)(RAJNESH OSWAL)
JUDGE JUDGE
JAMMU
17.10.2025
Naresh/Secy.
Naresh Kumar
2025.10.20CCP(D)
