High CourtsDivision Bench(2020) 11 J&K CK 0013

Shwiti Gupta vs Atal Dulloo Financial Commissioner

Jammu And Kashmir High Court · Decided on 9 November 2020

HON’BLE JUDGES
Gita Mittal, CJ · Sindhu Sharma, J
RESULT
Dismissed
CASE NUMBER
CCP (D) No. 27 Of 2020, Civil Miscellaneous No. 6348 Of 2020

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Judgment

8 paragraphs · 232 words

Let the deficiencies be made good as per Circular No. 16/GS dated 29th March 2020 upon removal of the current lockdown.

This application is allowed in the above terms.

CCP(D) No.27/2020

1.

By way of the instant petition, the petitioner complains that by an order dated 9th April 2018 passed in RPLPA No. 40/2013 in LPASW No. 130/2013, Dr. Shwiti Gupta v. State of J&K and others, the Division Bench had directed the respondents to accord consideration to the selection/appointment of the review petitioner/appellant as Dental Surgeon on her own merit. It is submitted that pursuant thereto, the Jammu and Kashmir Public Service Commission has examined the matter and passed an order dated 1st July 2019 recommending the case of the petitioner for appointment to the post of Dental Surgeon in Health and Family Welfare Department.

2.

The grievance of the petitioner is that the respondents have not issued the appointment order.

3.

In our view, the instant petition seeking initiation of contempt proceedings against the respondents is misconceived. The petitioner is required to take appropriate remedy for implementation of the recommendations of the Public Service Commission by the official respondents.

4.

In view of the above, Mr. Rahul Pant, learned counsel for the petitioner seeks liberty to withdraw this contempt petition to invoke the appropriate remedy in accordance with law.

5.

This petition is dismissed as withdrawn with liberty as prayed.