Srinagar, Feb 8: In C.P./2/2024 (SRINAGAR) In T.A./2817/2020 titled JAVID AHMAD BHAT Vs D/O SERVICE SELECTION BOARD UT OF J&K after hearing CAT ordered as under:-
1. The instant C.P. arises out of non-compliance of the judgment passed by the Division Bench of this Court in T.A./2817/2020 dated 04-09-2023.
Perusal of the order dated 01-10-2024 reveals that the respondents had assailed the judgment passed by this Court before the Division Bench of the Hon'ble High Court of J&K and Ladakh by preferring the Writ Petition bearing WP (C) no. 3407/2023 which Writ Petition was decided by the Hon'ble High Court on 13-11-2024.
2. The Hon’ble High Court dismissed the Writ Petition filed by the respondents, finding it meritless. Consequently, the judgment of this Court as such has assumed finality till now and the judgment is to be complied with in its letter and spirit.
3. Prima facie, there is no reason for the respondents as of now to delay the compliance of the judgment dated 04-09-2023. Learned Sr. counsel submits that the petitioner has been litigating for the past 10 years and delay in compliance of the judgment itself amounts to contempt.
The petitioner has after a long decade got a chance to reap the fruits of his litigation which is unnecessarily being delayed.
4. We feel that there is no reason in the facts and circumstances of the case to seek fresh compliance report from the respondents as the judgment passed by this Court as well as judgment of the Hon'ble High Court of J&K and Ladakh is self speaking.
Accordingly, we direct Mr. Rais, DAG to comply with the judgment passed by this Court same upheld by the Division Bench of the Hon'ble High Court of J&K in its letter and spirit within a period of three weeks positively, failing which this Court shall be constrained to invoke its jurisidiction as contained under Rule 9 of the Contempt of Courts (CAT) Rules, 1992 by seeking the personal prsence of the Chairperson.
It is expected that the rule of law will be upheld by complying with the judgment in its letter and spirit.
5. List on 11-03-2025.
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