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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8411 (JK)

ZAHOOR AHMAD DAR AND ORS v. UNION OF INDIA (MINISTRY OF DEFENCE) AND ORS

WP(C)/1793/2025 · 2025-07-29

Vinod Chatterji Koul

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WP(C) No. 1793/2025 CM No. 4679/2025 S. No. 124 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1793/2025 CM No. 4679/2025 Zahoor Ahmad Dar and Ors. …Appellant/Petitioner(s) Through: Mr. M. M. Dar, Advocate Vs. Union of India and Ors. ...Respondent(s) Through: Mr. Faizan Ahmad Ganaie, CGC vice Mr. T. M. Shamsi, DSGI CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 29.07.2025 1. Petitioners, in this writ petition filed under Article 226 of the Constitution of India, are seeking following reliefs:- (i) Issue an appropriate writ, order or direction in the nature of prohibition, prohibiting the respondents from engaging any Potter against the posts held by the petitioners 1 & 6 unless and until they are not allowed to perform their duties as Potters in pursuance of judgement and orders passed by this Hon’ble Court, more particularly judgement dated 07.06.2018, order dated 01.11.2019 as well as order dated 11.11.2022; (ii) Issue an appropriate writ, order or direction in the nature of mandamus, commanding the respondents to extend the benefit of policy as framed by them vide policy dated 10.01.2018 without any further delay; (iii) Issue an appropriate writ, order or direction in the nature of mandamus, commanding the respondents to allow the petitioners 1 & 6 to perform their duties as Potters as were performed by them prior to passing of judgement and order dated 07.06.2018 and pay them remuneration as well as has been done in respect of other co-petitioners by the respondents as reflected in their statement of facts; (iv) Issue an appropriate writ, order or direction in the nature of mandamus, commanding the respondent No.5 to take final decision upon the communication dated 26.04.2025 addressed by respondent No.3 forming Annexure XI to this writ petition with further direction to the respondent to produce whole record pertaining to the process initiated by them on the basis of judgement and orders passed by this Hon’ble Court directing according consideration in light of the guidelines framed by the respondents as per the directions of the Apex Court in a judgement titled Yashpal and Others vs. Union of 2 WP(C) No. 1793/2025 CM No. 4679/2025 India and Others for examination and appropriate orders to be passed by this Hon’ble Court. (v) The Hon’ble Court may pass other order or direction, which it deems just and proper under the facts and circumstances of the case. 2. Mr. M. M. Dar, learned counsel for the petitioners, after arguing for a while, has invited attention of this Court towards the Communication dated 26th April 2025 (Annexure XI to writ petition) and submitted that the petitioners are mainly aggrieved of the inaction on the part of respondents by not taking into account the said communication and by not implementing the orders of this Court. 3. It is submitted by learned counsel for the petitioners that petitioners would feel satisfied if this writ petition is disposed of by directing the respondents to take decision on the communication supra within a particular time period by taking into account judgements referred in the writ petition. To this proposition, counsel for the respondents is not averse. 4. Having regard to the submissions made by learned counsels for the parties, this writ petition is disposed of by providing that the respondents shall consider and decide the claim of petitioners by taking into account the judgements referred to so far as determination of this matter is concerned, and also the communication (Annexure XI to the writ petition), strictly in accordance with law. 5. Let this exercise be completed by the respondents within a period of two months from the date copy of this order is made available to them. 6. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 29.07.2025 Manzoor