HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No. 337/2019 in SWP No. 2319/2015 CM No. 804/2020, 1998/2020, 5310/2022 c/w CPSW No. 472/2015 CM No. 651/2022 Abdul Majid and others …..Appellant(s)/Petitioner(s) Through: Mr. Ajay Abrol, Advocate. vs Dr. G. Prasanna Ramaswamy Commissioner/Secy. Transport Dept. and others .…. Respondent(s) Through: Mr. Eishan Dadichi, Ga. Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 07.07.2025 ORAL CCP(S) No. 337/2019 1. In the instant contempt petition, the petitioners herein have alleged non-compliance of judgment and order dated 22.11.2018 in terms whereof, while disposing of the writ petition of the petitioners being SWP No. 2319/2015, the petitioners were held entitled to regularisation in terms of Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 (for short “the Act of 2010”), requiring the respondents to pass appropriate orders in this regard within a period of six weeks while quashing the order dated 18.05.2015 issued by the respondents rejecting the claim of the petitioners for regularisation of their services. Serial No. 16 2 CCP(S) No. 337/2019 in SWP No. 2319/2015 c/w CPSW No. 472/2015 2. Statement of facts stand filed by the respondents on 03.04.2025 accompanied with order dated 09.03.2023, whereunder sanction has been accorded to regularisation of services of the petitioner as Class- IV (MTS) in relaxation of rules/upper age/qualification on prospective basis. Heard learned counsel for the parties and perused the record. 3. According to the counsel for the petitioners, the respondents delayed the implementation of judgment and order dated 22.11.2018 and did not regularize the services of the petitioners within the period stipulated thereunder the said judgment and order. It is being further contended by the counsel for the petitioners that instead a Letters Patent Appeal (LPA) came to be filed by the respondents/contemnors in the year 2019 assailing the judgment and order complained of, which LPA, however, came to be dismissed on 17.11.2021, feeling aggrieved whereof, the respondents/contemnors filed Special Leave Petition (SLP) No. 6161 of 2022 before the Apex Court, which too came to be dismissed on 05.05.2022, whereafter the respondents/contemnors almost a year thereafter ordered regularisation of services of the petitioners to the detriment of their rights and interest, in that, the petitioners though ought to have been regularised in terms of provisions of the Act of 2010 upon acquiring eligibility thereof or else with effect from the date, the judgment and order complained of was passed. 4. On the other hand, counsel for the respondents/contemnors would contend that the respondents/contemnors availed a legal remedy 3 CCP(S) No. 337/2019 in SWP No. 2319/2015 c/w CPSW No. 472/2015 against the judgment and order complained of, initially by filing LPA and subsequently SLP, whereafter dismissal of the same, regularisation of services of the petitioners came to be ordered. 5. In view of the aforesaid position obtaining in the matter and having regard to the judgment and order dated 22.11.2018, seemingly there is substance in the submission of the counsel for the respondents/contemnors, as such, it is deemed appropriate to recall the contempt notice issued and close the contempt proceedings, leaving it open to the petitioners to work out a remedy against the claims qua the date of regularisation of their services, in that, the grievances projected in the instant petition are not capable of being decided in the instant petition. 6. Disposed of along with the connected application. CPSW No. 472/2015 1. In view of the above, proceedings in the instant contempt petition shall also stand closed and shall, as well, stand disposed of along with the connected application. (JAVED IQBAL WANI) JUDGE Jammu 07.07.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.07.15 09:49 I attest to the accuracy and integrity of this document