JAMMU, Sept 15: High Court has granted last and final opportunity of two weeks to the Director School Education Kashmir for implementing the judgment dated May 16, 2018 whereby order issued by the then Director to the extent of non-inclusion of 2% quota reserved for candidates of ALC category was quashed with further direction to consider petitioner Ghulam Rasool Harray for promotion to the post of Incharge Headmaster restrospectively with effect from June 16, 2014.
However, the judgment has remained unimplemented and feeling aggrieved of the same the petitioner preferred contempt petition. The respondents through three statements of facts and the latest one on September 1, 2022 submitted before the High Court that matter was taken up with the Administrative Department but in view of pending regularization of incharge Headmasters on substantative basis since 2012, the petitioner could not be promoted like his senior counterparts in view of stay on promotion of candidates under reserved category by the Apex Court.
“The judgment passed by this court assumed finality as no appeal/review/revision has been filed by the respondents as on date and accordingly, respondents have no other option but to implement the judgment dated 16.05.2018 in its letter and spirit”, Justice Wasim Sadiq Nargal said.
“This is a fit case where the Robkar can be framed against the respondent/contemnor as the judgment passed by this court dated 16.05.2018 which has assumed finality, has been flouted with impunity and no plausible reason has been projected/pleaded for its non-implementation”, Justice Nargal said, adding “this court is of the view that prima-facie Director School Education is in recurring contempt. However, taking a lenient view before proceeding further, one more last and final opportunity is granted to the respondent/contemnor to file compliance report of the judgment within two weeks time positively”.
Accordingly, direction was issued for listing case on September 27, 2022 on which date the Director School Education shall remain present along with compliance report.