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Jammu & Kashmir High Court
Durga Devi & Ors vs Pawan Dev Kotwal on 7 April, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 12
Regular List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPSW No. 337/2018 in
SWP No. 2577/2001
Durga Devi & Ors.
.....Petitioners
Through: Mr. R.K. S. Thakur, Advocate
Vs
Pawan Dev Kotwal, Commissioner/Secretary,
Health and Medical Education Department, Civil Sectt, Jammu &
Ors.
.....Respondents
Through: Mr. Raman Sharma, AAG with
Ms. Saliqa Sheikh, Assisting Counsel for
R-1 to 4
Mr. Ajaz Chowdhary, Advocate for R-5
Ms. Nazia Fazal, Assisting Counsel to
Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(07.04.2026)
01. After hearing both sides at length, this Court is not
satisfied that letter and spirit compliance and adherence of
the writ Court's direction as given in judgment dated
07.11.2016 in SWP No. 2577/2001 read with order dated
13.03.2024 passed in the present contempt petition has
come to take place.
02. This Court reminds all the contemnors/respondents that
they have surely reached end of the road in so far as the
patience of this Court is concerned with reporting of letter
and spirit compliance of the writ Court's judgment from
their respect end.
CPSW No. 337/2018 in
03. This Court is constrained to observe above because of the
fact that the original writ petitioner-Ram Sewak had
approached this Court in the year 2001 with writ petition
SWP No. 2577/2001 for which he waited with long
stretched patience of sixteen (16tn) years to earn from this
Court judgment dated 07.11.2016 but before he could
relish the fruits of adjudication, he came to demise on
02.02.2017 leaving it for his widow, the petitioner herein,
to come forward for maintaining the majesty of this Court
in the matter of compliance of the writ court judgment and
even for that she has stayed in wait for last eight (8) years
in running and this Court is still caught up in jugglery of
purported compliances from the end of the respondents.
04. This Court has still not come across a simple statement of
facts as to at what rate of last drawn pay settled in terms of
the judgment of this Court, the pension of the deceased
writ petitioner-Ram Sewak would have been fixed and
settled on the basis whereof he and after him his widow
would have been entitled to pension and family pension
respectively.
05. This Court is granting a last and final opportunity of
compliance failing which on the next date of hearing in
default on the part of the respondents, rule shall stand
framed against one and all figuring as
contemnors/respondents in the present contempt petition.
CPSW No. 337/2018 in
06. List on 04.05.2026 with liberty to mention.
07. Copy of this order be provided to Mr. Raman Sharma,
learned Additional Advocate General as well as to Mr. Ajaz
Chowdhary, learned Advocate for needful compliance from
the end of the respective respondents.
08. This Court also reminds Ms. Nazia Fazal, learned Assisting
Counsel to Mrs. Monika Kohli, learned Senior Additional
Advocate General, about the direction of this Court in terms
whereof the personal appearance of Treasury Officer, Sub
Treasury, Chenani, came to be directed and despite said
direction, the Treasury Officer is not present. Let him
remain present in person on the next date of hearing as
well.
09. For this purpose, a copy of this order be also provided to
Ms. Nazia Fazal, learned Assisting Counsel to Mrs. Monika
Kohli, learned Senior Additional Advocate General.
(RAHUL BHARTI)
JUDGE
JAMMU
07.04.2026
SUNIL
