MOHAMMAD YOUSUF BHAT AND ORS. v. ABDUL SALAM (CONSUMER AFFAIRS AND PUBLIC DISTRIBUTION DEPARTMENT) (SWP/1231/2011)
CCP(S)/532/2019 · 2025-04-15
Javed Iqbal Wani
Contempt Petitionbody2025
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[ 2025 DAILYLAW 9625 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 9625 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 16 Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) No. 532/2019 in SWP No. 1331/2011 Mohammad Yousuf Bhat & Ors. ….. Applicant/petitioner(s) Through: - Mr. G. N. Sofi, Advocate.
V/s. Abdul Salam. ….. Respondent(s) Through: - Mr. Hakim Aman Ali, Dy. AG.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
(ORDER) 15.04.2025
1. In the instant contempt petition, petitioners herein have complained violation of order dated 13.08.2015, passed in SWP No. 1231/2011, whereby the writ petition filed by the petitioners came to be disposed of with a direction to the respondents to accord consideration to the petitioners’ promotion to next higher posts on the lines and in the manner such
consideration has been accorded to their colleagues i.e. Storekeepers/Assistant Storekeepers, provided petitioners are similarly circumstanced with their colleagues favoured with promotion.
2. Respondents have filed multiple statement of facts and latest on 21st October, 2024, accompanying with consideration order No. 1317- DFSC&CAK of 2024 dated 18.10.2024, wherein it is inter-alia stated that the case/s of the petitioners came to be considered in line with the direction passed by this Court and consequently rejected, though a sealed cover procedure has been followed in the cases of the petitioners’ for their promotion, owing to the pendency of a criminal case, arising out of FIR No. 49/2002 as well as in view of the fact that the petitioners herein are not similarly circumstanced with those who had been given the said promotions.
3. Having regard to the aforesaid specific stand taken by the respondents in the statement of facts supra inasmuch as, consideration order dated 18.10.2024 seemingly respondents have complied with the order, non- Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document
compliance of which is alleged in the instant contempt petition, thus necessitating the recalling of the contempt notice and closure of contempt proceedings.
4. Ordered Accordingly.
5. However, the closure of the contempt proceedings shall not stand in the way of the petitioners in taking recourse to appropriate remedy against the consideration order.
(Javed Iqbal Wani) Judge
SRINAGAR 15.04.2025
“Abdul Rashid”
Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document