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High Court of Jammu and Kashmir · body

2025 DAILYLAW 3952 (JK)

MOHD. IQBAL AND ANR. v. AJEET KUMAR SAHU, SECY. EDUCATION DEPTT. AND ORS.

CCP(S)/391/2019 · 2025-07-18

Javed Iqbal Wani

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No. 391/2019 Mohd. Iqbal and anr. …..Appellant(s)/Petitioner(s) Through: Ms. Rozina Afzal, Advocate vs Ajeet Kumar Sahu, Secy. Education Department and ors. .…. Respondent(s) Through: Ms. Saliqa Sheikh, Advocate vice Mr. Raman Sharma, AAG Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 18.07.2025 1. Upon coming of this matter for consideration, record of the proceedings would reveal that the counsel for the petitioners was granted time to file response to the consideration order in terms of orders dated 30.12.2024 and 24.02.2025, which however has not been done. 2. At this stage, the counsel for the petitioners however would submit that in view of the statement of facts/compliance report filed by the respondents wherein the respondents have contended that the judgment and order, non compliance of which has been complained of, stands complied with and speaking order dated 09.12.2024 passed, the petitioners be permitted to take recourse appropriate proceedings in case the petitioners are dissatisfied with the said speaking order dated 09.12.2024. Heard learned counsel for the parties and perused the record. Serial No. 33 2 CCP(S) No. 391/2019 3. In terms of the order, non compliance of which, has been complained of, the respondents were directed to consider the claim of the petitioners on the basis of averments made in the writ petition, annexures, attached thereto and the judgment referred provided the same are applicable to the case of the petitioners. 4. The respondents/contemnors in the compliance report filed have stated that the case of the petitioners stand considered in tune with the directions passed and rejected so far as retrospective effect w.e.f. 04.07.2014 to the case of the petitioners is concerned since the same is untenable and does not fall within the preview of rules in vogue. The respondents/contemnors have annexed copy of the consideration order dated 09.12.2024. 5. Having regard to the aforesaid stand taken by the respondents inasmuch as consideration order dated 09.12.2024, seemingly, the respondents have complied with the order. The contempt notice issued is recalled and the proceedings are closed with liberty to the petitioners to work out the remedy against order dated 09.12.2024 if cause available and permissible under law. 6. Disposed of. (JAVED IQBAL WANI) JUDGE Jammu 18.07.2025 Neha-II NEHA KUMARI 2025.07.21 16:41 I attest to the accuracy and integrity of this document