UDHEY CHANDER BHAT v. FAROOQ AHMED PAKHTOO,SECY.EDUC. AND ANR.
CPSW/325/2010 · 2025-09-01
Ma Chowdhary
body2025
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[ 2025 DAILYLAW 2597 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2597 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CPSW No.325/2010 in SWP No. 2951/2002
Udhay Chander Bhat, aged 65 years S/O Late Shri Dina Nath Bhat, R/O Drabiyar, Habakadal Srinagar, Kashmir, at present Kashyap Niwas Durga Nagar, Sector 1, Roop Nagar, Jammu.
…. Petitioner(s)….
Through:- Mr. P.N.Goja, Sr. Advocate with Mr. Abhinav Jamwal, Advocate.
V/s
1. Shri Farooq Ahmed Pakhtoo, Commissioner/Secretary, Education Department, Civil Secretariat, Jammu
2. Dr. Shah Faizal, Director School Education, Srinagar.
…..Respondent(s)…
Through:- Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Advocate.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
01.09.2025
1. The petitioner, through the medium of the present petition, has prayed for initiation of contempt proceedings against the respondents–contemnors for non-compliance of the judgment/order dated 25.03.2010 passed in SWP No. 2951/2002, titled ‘Udhey Chander Bhat Vs. State & Ors.’ whereby the following direction was issued:-
CPSW No. 325/2010
“The petition is disposed of with the direction to the respondents to consider the case of the petitioner for promotion to the higher grade as Master and to release all consequential service benefits to which he would be found entitled to within three months from today.”
2. This Court, vide order dated 21.07.2025, directed the respondent– Director School Education, Kashmir, to pass a fresh order within a period of four weeks and to file a compliance report before the Court.
3. Pursuant to the said directions, the respondents have filed a compliance report along with a copy of the Order No. 23-DSEK of 2025 dated 22.08.2025 passed by respondent-Director School Education, Kashmir. The operative portion of the said order reads as under:
“Now, therefore, in compliance with the judgment dated 25.03.2010 and the directions of the Hon’ble Court dated 21.07.202, the case of Shri Udhey Chander Bhat is hereby considered, and it is ordered as under:-
1) Shri Udhey Chander Bhat is deemed to have been notionally promoted as Master w.e.f. 23.03.1998, the date when his counterparts were promoted vide Order No.1450-DSEK of 1998. 2) The said promotion shall be notional in nature, without any claim for arrears of salary for the period prior to superannuation. 3) The consequential service benefits (such as pensionary benefits and retiral dues) shall be re-calculated on the basis of notional promotion as Master from 23.03.1998 till the date of superannuation, i.e., 30.06.2003.”
4. In view of the compliance with the judgment dated 25.03.2010 passed in SWP No. 2951/2002, nothing survives for adjudication in the present
CPSW No. 325/2010
contempt petition, as the judgment sought to be complied with stands complied, in full and final.
5. Accordingly, this contempt petition is disposed of. Rule, if any, issued, is hereby discharged.
(M A Chowdhary) Judge
Jammu:
01.09.2025 Madan Verma-Secy.
MADAN LAL VERMA 2025.09.04 11:19 I attest to the accuracy and integrity of this document