Serial No. 7 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 161/2021 in SWP No. 1630/2013 Ghulam Nabi Shah and Anr. ….. Appellant/petitioner(s) Through: - Mr. Bhat Fayaz, Advocate with Ms. Nighat Amin, Advocate V/S Shalin Kabra and Anr. ….. Respondent(s) Through: - Ms. Nadiya Abdullah, AC vice Mr. Mohsin Qadri, Sr. AAG CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 20.08.2025 01. By this contempt petition, petitioners have alleged non-compliance of order dated 29.03.2018 passed in SWP No. 1630/2013, the operation portion of which is reproduced as under:- “In view of the proceeding analysis, this petition is disposed of with the direction to the respondents to consider the case of petitioners for their induction into the selection grade with effect from the dates they had completed 5 years of service as Dy. SP(s) on substantive basis or thereafter if and when the posts were in existence upto the dates of their retirement from service.” 02. Compliance report stands filed by the respondents, wherein the respondents have placed on record the Government order No. 195- Home of 2020 dated 22.09.2020. Para 5 of the said Government order being relevant is reproduced as under:- “5. Now, therefore, pursuant to the approval of the Competent Authority, in partial modification to the orders issued in this regard, sanction is hereby accorded to release of Selection Grade of Deputy Superintendent of Police in the Pay Matrix of 56600- 179800 (Level-10A), as per the list forming annexure to this Government order. It is further ordered that no arrears shall be granted to the officers placed in the Selection Grade or where Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document predating is taking place, i.e., the placement/predating shall be on notional basis, without any monetary benefits. However, pay fixation would be made as appropriate, as on date or on the date of retirement/date of death, as the case may be, with consequential revision of pensionary benefits.” 03. On 06.05.2025, learned counsel for the respondents was directed to inform the Court, as to whether the monetary benefits have been granted on account of promotion of petitioners on the substantive posts in compliance to the Judgment or not. 04. Ms. Nadiya Abdullah, learned assisting counsel has produced communication of Under Secretary to the Government dated 20.05.2025, it is stated that the fixation in respect of the retired officers was carried out notionally, and the cases were submitted to the Accountant General (A&E) for revision of pension. The cases of the petitioners have been returned by the AG office with the observation that in terms of Note 3 below Article 242 of the J&K Civil Services Regulations, only the emoluments actually drawn are to be considered for the purpose of pension calculation. The case of the petitioners was examined in consultation with the General Administration Department and the Finance Department and on the basis of their advice, one-month monetary benefit of Selection Grade was sanctioned in favour of the retired/deceased Dy. SSP, including Shri Ghulam Nabi Shah and Kailash Chibber (petitioners), for the purpose of revision of their pensionary benefits, vide Government order dated 04.05.2024. 05. Learned counsel for the respondents submits that the order dated 29.03.2018, passed by this Court in SWP No. 1630/2013 has been implemented in its letter and spirit by the respondents. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 06. In view of above, the contempt proceedings are closed. However, liberty is given to the learned counsel for the petitioners to challenge the consideration order dated 22.09.2020 and communication dated 20.05.2025, if, he so desires. Ms. Nadiya Abdullah, learned assisting counsel is also directed to furnish a copy of the communication dated 20.05.2025 to Mr. Bhat Fayaz, learned counsel for the petitioners during the course of day. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 20.08.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document