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High Court of Jammu and Kashmir · body

2018 DAILYLAW 1265 (JK)

RAVINDER KOUR v. B.V.R. SUBRAHMANYAM , CHIEF SECY. J AND K GOVT. AND ORS

CPSW/556/2018 · 2026-07-21

Wasim Sadiq Nargal

Contempt Petitionbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.58 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CPSW No. 556/2018 in SWP No. 462/2003 Ravinder Kour …. Petitioner/Appellant(s) Through:- None V/s B V R Subrahmanyam, Chief Secy. & Ors. …..Respondent(s) Through:- Ms. Jagmeet Kour, Assisting counsel to Mr. Raman Sharma, AAG (Sr. Adv.) CORAM: HON’BLE MR. WASIM SADIQ NARGAL, JUDGE ORDER 21.07.2026 1. Vide this petition, the petitioner seeks initiation of contempt proceedings against the respondents for the willful disobedience of the order dated 18.02.2016 rendered in SWP No. 462 of 2003. 2. A bare reading of the order referred to above reveals that the petition preferred by the petitioner was disposed of by the Writ Court with a direction in the following manner:- “Petition is disposed of with a direction to the respondents to accord consideration to the release of the salary of the petitioners for the period they have rendered services in accordance with the applicable rules and for inclusion of past service, that is to count that service along with the present service for the purpose of permissible service benefits. The said exercise shall be undertaken and finalized within a period of six weeks from the date of receipt of copy of this order.” 3. Since the aforesaid order was not complied with the instant contempt petition was preferred in which notice was issued way back in 04.09.2018. 4. The respondents have filed various statement of facts/compliance reports and the latest one which has been filed on behalf of the respondents pertains to 06.05.2026. 5. From the perusal of the compliance report filed by the respondents is apparently clear that the respondents in compliance with the directions passed by this Court mentioned (supra), have accorded due consideration to the case of the petitioner for release of her salary for the period w.e.f. 05.06.1999 to 23.05.2000 and rejected the claim of the petitioner. 6. However, pursuant to the filing of the said compliance report, the petitioner has filed a supplementary affidavit in which much emphasis was laid upon a certificate issued by the Headmaster stating therein that the applicant/petitioner had been regularly working and marking attendance in the proper attendance register and on the basis of the same, this Court had directed the respondents to file a fresh compliance report vide order dated 27.09.2025. 7. The record reveals that the matter was re-examined by the respondents and on the basis of the record as well as the report of the concerned Principal, Higher Secondary School, Gole Gujral, Jammu vide communication dated 23.04.2026, rejected the case of the petitioner vide order No. CEOJ/Legal/3212-14 dated 05.05.2026, a copy of the order has been placed on record as Annexure ‘I’ along with the compliance report. 8. Thus, in the light of the stand taken by the respondent and also in the light of the detailed consideration order which has been placed on record, this Court is of the view that the order/judgment dated 18.02.2026, passed by the Writ Court stands complied with and therefore, no fruitful purpose would be served by keeping this contempt petition alive as the order/judgment has been implemented in letter and spirit. This perhaps is the precise reason that neither the petitioner nor anyone has appeared on behalf of the petitioner today. 9. Accordingly, the proceedings in the instant contempt petition are closed. Rules, if any, shall stand discharged. However, dismissal of the contempt petition shall not come in the way of the petitioner to agitate the cause afresh challenging the aforesaid order, in case, if so advised. 10. Disposed of. (WASIM SADIQ NARGAL) JUDGE JAMMU 21.07.2026 Suraj K. Singh