JAVED IQBAL v. GAZZANFER HUSSAIN COMMISSIONER SECRETARY HEALTH AND MEDICAL DEPTT AND ANOTHER
CCP(D)/13/2024 · 2025-03-05
Moksha Khajuria Kazmi, Sanjeev Kumar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 2371 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2371 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CCP(D) No. 13/2024 Javed Iqbal
..... appellant (s)
Through :- Mr. Abhirash Sharma Advocate.
V/s
.....Respondent(s) Gazzanfer Hussain and another Through :- Mr. Raman Sharma AAG.
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 1
This is a petition for initiating contempt proceedings against the respondents for wilful disobedience and non-compliance of the order dated 05.06.2023 passed in WP(C) No. 372/2022, whereby this Court, while disposing of the petition of the respondents and upholding the judgment of the Tribunal partially, directed the respondents herein to treat the period w.e.f 25.06.2014 to 26.06.2017 as study leave and pay the petitioner herein all the consequential benefits in compliance with the aforesaid judgment. 2
The respondents have placed on record a communication dated 03.03.2025 issued by the Department of Health and Medical Education Department, Civil Secretariat, Jammu and Kashmir, which clearly indicates that the period from 25.06.2014 to 26.06.2017 has been treated as study leave and the consequential benefits, including the release of arrears of salary and increments, have also been granted to the petitioner. Mr. Raman Sharma, AAG, has produced a copy of the order dated 18.11.2024, which is taken on record. 3
From a perusal of the Government Order taken on record, we are convinced that the judgment passed by this Court stands complied with, and, therefore, there is no cause to keep this contempt petition pending.
Sr. No. 11
2
4
Mr. Abhirash Sharma, learned counsel appearing for the petitioner submits that one of the consequential benefits, i.e., the grant of in situ promotion, has not been considered by the respondents. 5
We are afraid, we cannot go into that aspect of the matter, as the claim for grant of in situ promotion, consequent upon the order treating the period w.e.f 25.06.2014 to 26.06.2017 as study leave, was not raised by the petitioner before the Tribunal and is not part of adjudication before us. 6
In view of the aforesaid, proceedings in this contempt proceedings are closed, leaving it open to the petitioner to agitate the matter with regard to the grant of in situ promotion, if any, due to him pursuant to the Government
order treating the period w.e.f 25.06.2014 to 26.06.2017 as study leave, in accordance with law.
(MOKSHA KHAJURIA KAZMI) (SANJEEV KUMAR) JUDGE
JUDGE Jammu
05.03.2025.
Sanjeev