ROBKAR v. SHALEEN KABRA AND ANR. (PERSONAL APPEARANCE 15-03-2024)
CPSW/9900019/2016 · 2025-02-11
Sanjay Dhar
Contempt Petitionbody2025
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[ 2025 DAILYLAW 9639 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 9639 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 6 Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CPSW 9900019/2016 in[SWP 2412/2014] c/w i)CPSW 117/2016 ii)CCP(S) 441/2021 CM(4915/2022) CM(6262/2021)
ROBKAR.
…Petitioner (s)
Through: Arif Sikandar, Advocate.
Mr. Sajid Ah, Advocate vice
Mr. M.Y. Bhat, Advocate ( CCP (S) No. 441/2021)
VERSUS
SHALEEN KABRA AND ANR.
Through: Mr. Syed Musaib, Dy. AG.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 11-02-2025
01. The instant case pertains to the implementation of the judgement of the Writ Court passed in SWP No. 2412/2014 along with connected petition on 05.10.2015, whereby it was provided that the petitioners are deemed selected for being appointed on the post of Teacher as against Notification No. 06/2013 dated
10.05.2013. It was directed that the respondent-Service Selection Board shall make recommendations within one week. It was also provided that in case the respondent-Board does not submit the recommendations in respect of the petitioners in both the petitions to the Competent Authority within one week from the date a copy of the order is served, then the Competent Authority of the
Government will be under obligation to issue appropriate appointment order in favour of the petitioners and also the private respondents. 02. When the aforesaid directions of the Writ Court was not being implemented by the respondents, the petitioners were compelled to file the Contempt petitions before this Court. On 18.11.2014, this Court while dealing with the Status Report/Compliance Report filed by the respondents observed that the respondent -Director School Education as well as the officials advising him have committed the Contempt of the Court and accordingly Rule was directed to be framed against the contemnors. 03. In reply to the show cause notice, the contemnors filed the Statement of Facts which was considered by this Court on 04.12.2024. In the said Statement of Facts, the contemnors submitted that approval to the proposal relating to de- freezing two vacancies of Teachers in District Baramulla for utilizing the same with a view to implement the judgement of the Writ Court has been accorded by the Administrative Department and that the appointment Orders in favour of the petitioners would be issued after obtaining the verification of character and antecedents of the petitioners. 04. Today learned counsel for the respondents has produced fresh Compliance Report on behalf of the contemnor-Director School Education Kashmir which is taken on record. Along with the said Compliance Report, the respondent-Contemnor has produced a copy of the order No. 48-DSEK of 2015 dated 10.02.2025 whereby, in compliance to the judgement of the Writ Court, sanction has been accorded to the provisional appointment of petitioners namely Ms. Bilkees Khanam and Mr. Manzoor Ahmad Bhat to their appointment as
Teachers in District Cadre Baramulla against the slots identified by Chief Education Officer, Baramulla. 05.
In view of the above, the judgement of the Writ Court stands complied with. Therefore, the Rule frame against the respondent-Contemnor is dropped and contempt proceedings are closed. 06.
Learned counsel for the petitioners has submitted that the petitioners are entitled to appointment with retrospective effect. In this regard, the petitioners shall be at liberty to avail the appropriate legal remedy, if so advised.
07.
Disposed of.
CCP (S) No. 441/2021.
01.
Learned counsel for the respondents seeks time to have instructions in the matter and report as to whether the order of cancellation of appointment of the petitioner can be withdrawn by the respondents. The needful be done by next date of hearing.
02.
Be listed on 12.03.2025.
(Sanjay Dhar)
Judge
SRINAGAR 11-02-2025 Showkat Khan