Serial No. 14 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 112/2023 In[WP(C) 2949/2022] Mohammad Saleem Makhdoomi … Petitioner(s) Through: Mr. L.A. Latief, Advocate Vs. Mr.H.Rajesh Prasad & Ors. ...Respondent(s) Through: Mr. Faheem Nisar Shah, Advocate Ms. Rahella Khan, Advocate for R-4. CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 26.03.2025 1) In the instant contempt petition, the petitioner has alleged non- compliance of order dated 23rd December, 2022, in terms whereof the writ petition of the petitioner being WP(C) 2949/2021came to be disposed of in the following terms:- “5. I have gone through the averments made in the writ petition on hand and perused the judgment passed by one of the Coordinate Benches of this Court in SWP No. 767/2012. I am of the considered opinion that this judgment squarely covers the case at hand. 6. Viewed thus, the order passed by this Court in an identical writ petition, referred to above, shall govern the writ petition on hand also and Registry shall place on record of this petition a photocopy of the judgment dated 20.5.2013 passed in SWP No. 767/2012. The said judgment shall form part of this order for the purpose of disposal of the instant petition. However, it is made clear that in case anybody applied for certified copy of the instant order passed in this writ petition the same shall be accompanied by copy of the aforesaid judgment passed in SWP No. 767/2012.” 2) Statement of facts have been filed by the respondents/contemnors 1 to 3 wherein it is being stated that the office of the Accountant General/respondent/contemnor 4 herein vide communication dated 03.01.2025 requested the office of the Chief Engineer, (Distribution), KPDCL, to forward the service books of employees whose death cum retirement gratuity has been kept withheld on account of SRO-59 of 1990, but who have retired or died prior to 28.03.2022 and in response thereof Executive Engineer, Electric Division-IV, Khanyar, forwarded the service books along with the requisite information sought by the Accountant General (A&E) J&K, Srinagar, for further appropriate necessary action at his end. 3) Respondent 4 has also filed a compliance report wherein at Para 3 following has been stated:- “3. That in response to the said communication, the answering respondent on 11/12/2024 vide letter PNR- 3/222320856/24-25/1682-84, wrote to the Executive Engineer that the pensionary benefits of the petitioner already stand authorized by the office of the answering respondent in favor of the petitioner vide PPO intimation no PNR-3/S-4/2022202154 dated 20.4. 2023. Further, condition No. 1 and 4 imposed on PPO intimation stand cancelled and the said communication has also been copied to the treasury officer, Khanyar with remarks to release monthly pension w.e.f. 01.05.2022. Attached herewith is the copy of the communication as Annexure 2.” 4) In view of the aforesaid categorical stand taken by the respondents/contemnors in general and respondent/contemnor 4 in particular, that the pensionary benefits of the petitioner already stands authorized in favour of the petitioner vide PPO dated 20th April, 2023 while cancelling condition No. 1 and 4 imposed on the said PPO intimation and the said information stands communicated to the Treasury Official, Khanyar, with remarks to release monthly pension of the petitioner w.e.f. 01.05.2022. 5) The respondents/contemnors seemingly have complied with the judgment and order of which non-compliance is complained of. 6) Accordingly, the contempt notice is recalled, and the contempt proceedings are closed. However, in the event the petitioner is dissatisfied with the compliance reported by the respondents/contemnors to this Court in the instant contempt petition, the petitioner shall be at liberty to re- agitate the matter. (JAVED IQBAL WANI) JUDGE SRINAGAR: 26.03.2025 “Mir Arif”