TANVEER RASOOL TALI v. B. K. SINGH AND ORS. (SCHOOL EDUCATION DEPARTMENT)
CCP(S)/362/2021 · 2025-11-08
Sanjay Dhar
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15137 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15137 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No. 362/2021 In SWP No. 2406/2014
Tanveer Rasool Tali
….. Petitioner (s)
Through: Ms. Heena Baqal, Adv.
Vice Mr. Shafaqat Nazir, Adv.
V/s
B K Singh & Ors
….. Respondent(s)
Through: Mr. Hakeem Aman, Dy. AG
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 08.11.2025
1. Through the medium of present petition, the petitioner has sought implementation of the judgment dated 05.10.2015 passed by the writ Court whereby a direction has been issued to the respondents to issue appropriate orders of appointment in his favour.
2. The respondents have come up with the compliance report and along with the compliance report, they have placed on record a copy of the Order No. 504-DSEK of 2022 dated
17.10.2022. As per the said order, the petitioner stands
P a g e | 2 CCP(S) No. 362/2021 In SWP No. 2406/2014
appointed as Teacher in District Cadre, Baramulla under Open Merit Category in pay level- 5 (Rs. 29200-92300) against unfilled slot at Serial No. 233 subject to outcome of the OA No. 1349/2021 titled Khalid Hamid Wani Vs. UT of J&K and Others and contempt petition No. 441/2021 titled Khalid Hamid Wani Vs. B K Singh and others.
3. The grievance of the petitioner is that the appointment has been made subject to outcome of the OA No. 1349/2021 and as such, the compliance made by the respondents is not in tune with the judgment of the writ Court.
4. In the above context, it is to be noted that as per the
consideration order passed by the respondents, the contempt petitioner was appointed in place of one Shri Khalid Hamid Wani who was at the tail end of the selection list but the said person challenged his ouster by way of Original Application before the Central Administrative Tribunal in which the interim order came to be passed by the Tribunal directing continuance of the said Khalid Hamid Wani on provisional basis. It is in these circumstances that the appointment of the petitioner has been made subject to outcome of the OA No. 1349/2021
P a g e | 3 CCP(S) No. 362/2021 In SWP No. 2406/2014
5. This Court does not feel that there is any willful non- compliance on the part of the respondents to the order of the writ Court. The proceedings against the respondents are therefore dropped and the contempt petition is disposed of with liberty to the petitioner to get himself impleaded as party respondent to the proceeding pending before the Central Administrative Tribunal and if need arises to get this contempt petition revived.
(Sanjay Dhar)
Judge
SRINAGAR 08.11.2025 Aasif