SAJJAD AHMED Vs. ANURADHA GUPTA. DIRECTOR SCHOOL EDUCATION
LAWS(J&K)-2020-2-70
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 18,2020

Sajjad Ahmed Appellant
VERSUS
Anuradha Gupta. Director School Education 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

Tashi Rabstan,J. - (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. 278/2015 (in SWP No. 846/2015) on the grounds taken therein.
(2.)Brief facts of the case are that Writ Petitioners earlier filed SWP No.673/2008, which stands disposed of vide judgment dated 26.05.2008, the operative part of which reads as under:-
'In view of the submissions made, this writ petition is disposed of with a direction to respondent No.1 to accord consideration to the cases of petitioners for appointment against Class IV vacancies advertised in the year 2000, if any, is available, provided the petitioners make a representation against proper receipt.'

(3.)Being aggrieved of such directions passed in different writ petitions, State preferred LPASW No.49/2008, 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.'

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