MOHD JAVID Vs. ANURADHA GUPTA
LAWS(J&K)-2020-2-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 18,2020

Mohd Javid 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]


JUDGEMENT

- (1.)Present contempt petition is filed for initiation of contempt proceedings against the respondents for non-compliance and disobedience of judgement dated 10. 05. 2018 passed in CPSW No. 201/2017 (in SWP No. 17/2016) on the grounds taken therein.
(2.)It may be noticed that against the directions passed by the learned Single Judge in different writ petitions for considering the claim of the petitioners for their appointment as Class-IV employees in the Education Department, the State-respondents 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 writ petition bearing SWP No. 17/2016, which came to be disposed of vide judgment dated 11. 01. 2016, whereby it is observed as under:-
"Mr. M. I. Sherkhan, learned counsel for the petitioners at the very out set made a request that petitioners would feel satisfied, if respondents are directed to treat this writ petition as their representation and pass appropriate orders. Heard.

Having record to the grievance of the petitioners, this writ petition is disposed of by providing that the same be treated as a petitioners' representation and the respondents shall accord consideration thereto on merits in accordance with the rules and pass appropriate orders, preferably within six weeks from the date a copy of this order is furnished to the respondents. "

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