ABDUL KHALIQ Vs. ANURADHA GUPTA
LAWS(J&K)-2020-2-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 18,2020

ABDUL KHALIQ Appellant
VERSUS
Anuradha Gupta Respondents


Referred Judgements :-

KAPILDEO PRASAD SAH AND ORS. VS. STATE OF BIHAR [REFERRED TO]
M/S ASHOK PAPER KAMGAR UNION AND OTHERS VS. DHARAM GODHA [REFERRED TO]
NOOR SABA VS. ANOOP MISHRA [REFERRED TO]
SURESH ESTATE PVT. LTD. AND OTHERS VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [REFERRED TO]


JUDGEMENT

- (1.)Present contempt petition is filed for initiation of contempt proceedings against the respondents for non-compliance and disobedience of judgement dated 12. 03. 2018 passed in CPSW No. 279/2015 (in SWP No. 844/2015) on the grounds taken therein.
(2.)Brief facts of the case are that Writ Petitioners earlier filed SWP No. 2607/2001, which came to be disposed of on the statement made by the learned Government Advocate that the respondents would consider the claim of the petitioners as Class IV employees against the available vacancies. The Government issued order No. 440-Edu of 2010 dated 13. 05. 2010 and Director School Education was directed to issue appointment letters after verification and for implementation of judgments. It is contended that the respondents implemented the judgment passed in SWP No. 2607/2001 and in SWP No. 673/2008 along with other clubbed writ petitions and the main file was titled as Adhil Akhter and others v. State of J&K and others. Being aggrieved of such directions, the State went in appeal which stood disposed of on 30. 07. 2009, the operative part of which is reproduced hereunder:
"In the circumstances, for all practical purposes, it must be deemed that by way of a policy decision, the State Government created 417 more posts and in those posts, by the order dated 04. 04. 2003 those 417 persons, who were permitted to work on temporary basis by the order dated 11. 04. 2002, were regularized. In consequence thereof, it must be deemed that there are still 417 posts available. The number of writ petitioners is less than 417. Accordingly, all of them can be accommodated. There will, therefore, be no occasion to take recourse to upsetting the orders of the Government dated 11. 04. 2002 and 04. 04. 2003.

In the circumstances, the exercise to be undertaken in terms of the judgment and order under appeal be completed within a period of six months from today and to that extent the judgment and order under appeal is modified with clarifications. "

(3.)Subsequently, the writ petitioners filed another writ petition bearing SWP No. 844/2015, which also came to be disposed of vide judgment dated 18. 03. 2015, whereby it is observed:-
"In the aforesaid background this petition is disposed of with a direction to the respondent No. 2 (Director School Education, Jammu), to accord consideration to the case of the petitioners in the light of the said Government order, if not already accorded. In case their cases have already been considered, result of same shall be conveyed to them; and in case not considered then respondents shall accord consideration to their cases and to convey the result thereof to them within a period of three weeks from the date copy of the order is served upon them. "

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