Promotions mandated by previous court rulings must be implemented without discrimination, ensuring rights are upheld as per governing laws.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1556/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6558/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“It is, therefore, prayed that the Hon'ble Court may by issuance of an appropriate writ, order or direction that may include a writ in the nature of:

CERTIORARI:-

Quashing order no. CEOR/107/6991-7006 dated 21.07.2014, as passed by respondent no. 3, as being illegal, arbitrary and unconstitutional, as being against the mandate of the judgment of this Hon'ble Court passed in SWP no. 331/2009.

MANDAMUS:-

Commanding respondents to promote the petitioners to the post of Laboratory Assistants and thereafter Teacher, with all consequential benefits of pay and seniority, immediately when the posts of Laboratory Assistants and Teachers became available before the Jammu and Kashmir School Education (Subordinate) Rules 2008 came into force. Hon'ble court may further award petitioners any other relief which it considers petitioners entitled to at the hearing of the petition.”

3. The facts of the case as averred by the applicants in their pleadings are as follows:

a. That, petitioners are permanent residents of the State of Jammu and Kashmir, as such, are entitled to invoke the extra ordinary writ jurisdiction of this Hon'ble Court for enforcement of their legal, statutory and constitutional rights guaranteed to them under the Constitution and the laws made there under.

b. That, petitioners declare, that he has not filed any petition or proceeding before any court including this Hon'ble Court. However, a writ petition which was heard and decided by this Hon'ble Court being SWP no. 331/2009, in which petitioners herein figured as Petitioners No. 3 & 4 vide judgment dated 03.06.2011. Copy of judgment dated 03.06.2011 is filed herewith as ANNEXURE -A, and, LPA against the aforesaid judgment, was filed by the respondents, which was decided by the Hon'ble Division Bench of this Hon'ble court, vide judgment dated 24.03.2014, a copy of the judgment dated 24.03.2014 is filed herewith as ANNEXURE -B. Since judgment Annexure- A, was not implemented, petitioners had to file contempt petition before the Hon'ble Court Contempt (SWP) No. 213/2013, was disposed of by the Hon'ble court vide order dated 31.12.2013. Copy of order dated 31.12.2013 is filed herewith as ANNEXURE- C. Since, even after order Annexure- C, the judgment was not implemented, a fresh contempt petition was filed and orders were passed thereon, copy of the order dated 24.10.2013 passed in Contempt (SW) No. 213/2013 is filed herewith as ANNEXURE -D. As the respondent / state, had asked for further time to implement the judgment, they filed CMA no. 172/2013 Hon'ble Court passed orders on 28.11.2013, copy of order dated 28.11.2013 is filed herewith as ANNEXURE- E. The Hon'ble Court, however, passed an order on 31.12.2013, while taking the statement of Ld. Additional Advocate General, that, the respondents were complying the judgment with respect to petitioners herein as well, Hon'ble Court closed the contempt proceedings, a copy of order dated 31.12.2013 is filed herewith as ANNEXURE- F. The Hon'ble court, however, had left it open to petitioners to file a fresh contempt petition, if need would arise for the same.

c. That, as the judgment was not implemented, vis-a-vis the petitioners herein, a further contempt was filed by petitioners herein and another person Mohd Khan. This contempt was heard by the Hon'ble Cour