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2025 DAILYLAW 3910 (JK)

SHANAZ CHOWDHARY v. B V R SUBRAMANYAM CHIEF SECY AND ORS

CCP(S)/322/2020 · 2025-03-19

Wasim Sadiq Nargal

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CCP(S) No. 322/2020 IN SWP No. 79/2013 Shanaz Chowdhary ..... Appellant(s)/Petitioner(s) Through :- None. Vs BVR Subramanyam Chief Secy. and Ors. .....Respondent(s) Through :- Mr. Raman Sharma, AAG CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 19.03.2025 01. The instant contempt petition has been preferred against the order/judgment dated 16.01.2013 passed by this Court by virtue of which a direction was issued to the respondents to accord consideration to the petitioner’s claim in light of the averments made in the petition and in accordance with the rules governing the same and the respondents were directed to take a decision within eight weeks from the date copy of the order was served. 02. Learned counsel for the respondents submits that the detailed statement of facts have been filed in the instant contempt petition in which the respondents have taken a specific stand that the case of the petitioner does not fall within the ambit of the compassionate appointment rules, as she got married and her husband is serving in the Police Department and, as such, no element of compassion exists as on date. Sr. No. 134 2 | P a g e CPSW No. 322/2020 IN SWP No. 79/2013 03. The respondents have further pleaded in the compliance report that the matter was taken up with the Financial Commissioner Revenue, who took up the matter with the General Administration Department vide communication dated 25.08.2022 and the General Administration Department has conveyed in unambiguous terms that the case of the petitioner does not come under the ambit of SRO 43 of 1994, as the married daughter cannot be considered as dependent upon her deceased father and this aspect of the matter has already been communicated to the concerned Deputy Commissioner, Jammu. 04. Heard learned counsel for the respondents at length and perused the record. 05. Since the direction was specific to the extent of according consideration to the case of the petitioner in light of the averment made in the petition and in accordance with the rules governing the field by taking a decision, which till date has not been taken and confronted with the same, learned counsel for the respondents assures the Court that the order of consideration in tune with the order/judgment passed by this Court shall be passed in light of the stand taken in the compliance report. 06. Thus, no fruitful purpose will be served to keep this contempt petition alive and, accordingly, the same is disposed of by directing the respondents to pass a formal order of consideration in the instant contempt petition strictly in tune with the order/judgment dated 16.01.2013 passed by this Court in SWP No. 79/2013 within a period of two weeks from today. The order of consideration which is likely to be passed be forwarded to the petitioner by 3 | P a g e CPSW No. 322/2020 IN SWP No. 79/2013 Registered Post. Accordingly, proceedings in the instant contempt petition are closed. Rule, if any, shall stand discharged. 07. The contempt petition is, accordingly, disposed of. (WASIM SADIQ NARGAL) JUDGE JAMMU 19.03.2025 Mihul Mihul Singh 2025.03.20 17:56 I attest to the accuracy and integrity of this document