Sr. No. 1 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(1596/2025) IN CCP(S) 5/2022 MOHAMMAD SHAFI MALIK …Petitioner(s)/appellant(s) Through: Mr. M.M. Khan, Advocate Vs. RAFIQ AHMAD RAFIQ AND ANR ...Respondent(s) Through: Mr. Mubashir Malik, Dy. AG. Mr. Illayas Nazir Laway, GA. CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 02-04-2025 CCP(S) 5/2022 1. In the instant contempt petition, the petitioner has complained non- compliance of order dated 12.12.2013, in terms whereof, while disposing of the writ petition of the petitioner being OWP No. 1824/2013, the respondents/contemnors herein came to be directed to consider and decide the representation of the petitioner and pass appropriate orders on the touchstone of the contentions raised with reference to the claim for payments, if any. The consideration was required to be accorded, and decision taken thereof within two weeks’ from the date a copy of the order was served upon the respondents/contemnors herein. 2. Statement of facts has been filed by the respondents, wherein it is, inter alia, stated that the claim of the petitioner stands considered and in furtherance thereof out of the amount claimed by the petitioner being Rs. 7.91 lacs, an amount of Rs. 5.985 lacs stands paid to the petitioner, with the remaining amount of Rs. 1.925 lacs yet to be disbursed. It is further stated said that the said outstanding amount as well shall be paid to the petitioner when the same is received from the competent authority in this regard. Junaid Ayoub I attest to the accuracy and authenticity of this document 3. Mr. Illayas Nazir Laway, learned GA, appearing counsel for the respondents/contemnors 1 and 2 would contend that though the aforesaid balance amount stands sanctioned by the School Education Department being the intending department responsible for the payment to the petitioner yet the said sanction has to be revalidated on account of expiry of the current financial year. 4. Mr. Mubashir Majid Malik, learned Dy. AG., appearing counsel for the respondent-contemnor 3, would endorse the submissions of Mr. Laway, learned GA, and would submit that steps have been taken by the Director School Education, contemnor/respondent herein, for revalidation of the sanction for payment of the outstanding amount and the same shall be released in favour of the petitioner without any delay once the sanction gets revalidated. He seeks and is granted four weeks’ time for making the payment of the outstanding amount to the petitioner. 5. On the contrary, Mr. M.M. Khan, learned counsel for the petitioner would submit that even though the aforesaid part payment has been made in favour of the petitioner, yet the outstanding amount stated to be payable to the petitioner is not the actual payment payable to the petitioner but is higher than that. He further would submit that even the consideration order required to be passed by the respondents/contemnors has not been passed in tune with the directions contained in the order, non-compliance of which is complained in the instant petition. Heard learned counsel for the parties and perused the record. 6. Having regard to the purport of the order whereunder the instant contempt petition has arisen, record reveals that the respondents/contemnors have admittedly not passed any consideration order. The respondents are directed to pass the requisite consideration order within four weeks. 7. Insofar as the issue joined by the counsel for the petitioner qua the quantum of the outstanding amount payable by the respondents/contemnors to the petitioners is concerned, the same cannot be adjudicated upon in the Junaid Ayoub I attest to the accuracy and authenticity of this document instant contempt petition, leaving it open to the petitioner to work out an appropriate remedy thereof in this regard. 8. For the aforesaid reasons, it is deemed appropriate, inasmuch as having regard to the facts and circumstances of the case, to recall the contempt notice and close the proceedings, however, with liberty to the petitioner to re-agitate the matter in case cause survives. 9. Ordered accordingly. 10. Disposed of. CM(1596/2025) 11. For the reasons stated in the application, coupled with submissions made at the Bar, same is allowed and the bailable warrants issued are recalled in respect of contemnors-respondents. 12. Application disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 02-04-2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document