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2025 DAILYLAW 6024 (JK)

NAZIR AHMAD MALIK v. RAJ KUMAR GOYAL AND ORS. (HOME DEPARTMENT) (SWP/67/2012)

CCP(S)/16/2022 · 2025-07-14

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 54 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 16/2022 in[SWP 67/2012] CM(5572/2024). NAZIR AHMAD MALIK. …Petitioner (s) Through: Mr. Sami Lone, Advocate. VERSUS RAJ KUMAR GOYAL AND ORS. Through: Mr. Faheem Nisar Shah, GA. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 14.07.2025 The petitioner is seeking implementation of Order dated 16.03.2016 passed by the Writ Court in SWP No. 67/2012 whereby a direction was issued to the respondents to consider the claim of the petitioner for absorption/regularization of his services in accordance with the mandate contained in Jammu and Kashmir Civil Services (Special Provision) Act, 2010. Fresh Compliance Report has been filed by the respondents. In the said report, it has been submitted that the claim of the petitioner has been considered and the same has been found to be devoid of any merit. The Consideration order dated 26th of May, 2025 has been passed by the respondents wherein it has been stated that the petitioner had left the temporary services in the year 2009 and he was not continuing on the appointed date, thus the petitioner being ineligible in terms of Section 5 of Jammu and Kashmir Civil Services ( Special Provision) Act 2010, cannot be regularized. Accordingly, the claim of the petitioner has been rejected. In view of the fact that the respondents have considered the claim of the petitioner which has been found to be without any merits, the order of the Writ Court stands complied with. The contempt proceedings do not survive and the same are accordingly closed. If the petitioner has any grievance against the consideration order passed by the respondents, it is open to him to challenge the said order by way of appropriate proceedings. (Sanjay Dhar) Judge SRINAGAR 14.07.2025 Showkat Khan