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2017 DIGILAW 480 (JK)

Tarsem Kumar Arora v. B. R. Sharma

2017-07-28

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : 1. When the matter was taken up today, Mr. H.A. Siddiqui, learned Sr. AAG submitted that the directions contained in Paragraph No. 15 of the judgment dated 17th December, 2015 passed by the Division Bench of this Court have been complied with inasmuch as the respondents have implemented the decision taken by the learned Single Judge and have created the posts in question. 2. In view of the aforesaid submission, learned senior counsel for the petitioners has invited the attention of this Court to Paragraph Nos. 15 and 16 of the aforesaid judgment passed by the Division Bench of this Court and has submitted that the Division Bench of this Court has directed that the Registrar General to sent the proposal for upgrading the posts of Secretaries in terms of the judgment of the learned Single Judge from the date they have become eligible for the same to the second appellant within a period of two weeks and while inviting the attention of this Court to Paragraph No. 16 of the aforesaid judgment, it is submitted that once this Court makes a recommendation with regard to up-gradation of the posts, the respondents have not the power to sit over the proposal submitted by the Registrar General and has to comply with the same, which has been held in Paragraph No. 16 of the aforesaid judgment passed by the Division Bench. 3. It is further submitted that specific challenge was made to the additional directions contained in Paragraph No. 15 of the aforesaid judgment by the appellants before the Supreme Court, however, SLP preferred by the respondents has been dismissed by the Supreme Court vide order dated 12th April, 2016 and, therefore, there appears to be no justification for non-compliance with regard to the proposal, which has already been sent by the Registrar General. 4. In view of the aforesaid submissions, Mr. H.A. Siddiqui, learned Sr. AAG prays for and is granted four weeks’ time to submit an Action Taken Report with regard to the proposal submitted by the Registrar General. 5. List on 22nd August, 2017. 6. Copy of this order be supplied to Mr. H.A. Siddiqui, learned Sr. AAG under the seal and signatures of the Bench Secretary of this Court.