ALI MOHAMMAD DAR Vs. SHALEEN KABRA
LAWS(J&K)-2020-2-51
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 13,2020

Ali Mohammad Dar Appellant
VERSUS
Shaleen Kabra Respondents


Referred Judgements :-

STATE OF RAJASTHAN VS. UMRAO SINGH [REFERRED TO]


JUDGEMENT

Dhiraj Singh Thakur,j. - (1.)The petitioner got appointed on compassionate grounds as a Lab. Bearer vide order No.210-DSEK of 2011 dated 01.02.2011. In the year 2015, he preferred a writ petition bearing SWP No.466/2015 alleging therein that in terms of Jammu and Kashmir (Compassionate Appointment) Rules, 1994, the petitioner ought to have been considered for appointment in the lowest rank of non-gazetted cadre instead of appointing him as a Lab. Bearer. The said writ petition came to be disposed of vide judgment dated 31.07.2015 holding that at the time of petitioner's appointment (in 2011), the respondents had failed to follow the mandate of statutory Rules and the petitioner ought to have been considered for appointment against a vacancy in the lower rung of non-gazetted service. Accordingly, the Writ Court directed the respondents to consider and appoint the petitioner against a vacancy in the lower rank of non-gazetted service.
(2.)The present contempt petition has been preferred for noncompliance of the aforementioned judgment and order, against which no appeal was preferred by the State.
(3.)A coordinate Bench of this Court vide order dated 9th of April, 2018, noticed the fact that the judgment and order had not been appealed against and, therefore, same had attained finality, which was required to be complied with. Time was, accordingly, granted to the respondents for compliance.
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