Sonaullah vs Parveen Daveen

Syed Bashiruddin, J.—Heard.

This court in SWP 2193/1994 passed the following direction on 23.12.1996 :

The petitioner will file a representation to respondent No. 2 within two weeks from today and the respondent No. 2 will consider his

representation in the light of rules and circular issued by him dated 5th of August, 1996, within two months from the date of receipt of this order

and convey the result thereof to the petitioner immediately, failing which the petitioner reserves his right to come again, if need arises.

Petitioner alleges noncompliance with this direction and prays that respondents 2 and 3 Director General Tourism and Director Tourism Kashmir

be booked in contempt for failing to comply with above direction inasmuch as the adjustment of petitioner as Senior Yatchman, has been declined.

Respondents have filed statement of facts wherein they allege that the petitioner is lacking the eligibility to the post of Senior Yatchman. Pursuant

to the directions of the Hon'ble Court representation of petitioner was considered. It was disposed of appropriately after petitioner was found

ineligible for the post. The decision was conveyed to him, thereafter he filed a contempt motion. That contempt matter (Contempt petition No.

473/1998) was disposed of by this Court on 16.12.1998 in terms of AnnexureB, holding that the respondent had committed no contempt.

Therefore, on the selfsame facts, second contempt petition No. 234/1999 cannot lie and in any case the instant motion for contempt is not

maintainable.

The above direction dated 23.12.1996 of this Court in SWP No. 2193/1994 in terms required the Director Tourism to consider the

representation of the petitioner in the light of Rules and Circular within specified time and to convey the result of consideration to petitioner

promptly. Petitioner feeling that his representation was not considered filed contempt petition No. 473/1998. This Court on 16.12.1998, after

hearing the counsel for the parties and on consideration of the matter observed :

...In this view of the matter contention of petitioner that Director has not complied with the direction is not justifiable and fact remains that the

respondents have complied with the direction. However, it is provided that in case the consideration accorded is violative of petitioner rights, he

shall be free to invoke the proper remedy whichever available to him.

Contempt petition is disposed of accordingly.

In view of the aforesaid observations of the Coordinate Bench of this Court this writ petition cannot lie on the selfsame ground. Apart from this,

petitioner is claiming appointment/promotion to the post of senior yatchman, on the basis of circular dated 5.8.1996. However, this circular in

effect required the Senior Assistant Category Staffers of the Tourism Department in various offices to submit affidavit/options in connection with

change of cadres. It nowhere covers the subject of appointment/promotion to the post of Senior yatchman. Such a matter is covered by the Rules

governing the filling up of post of senior yatchman, a technical post. The J&K NonGazetted Recruitment Rules provide the mode and method of

recruitment to this post on the cadre of Tourism Department. It is a post which is to be filled up 100% by promotion from feeding cadre of junior

yatchman, on the basis of merit/seniority with five years service. Besides the prescribed qualification and a certificate from the recognized yatching

institute is the other requirement. Respondents specifically say that the petitioner did not posses the eligibility and qualification, therefore, he could

not be promoted to the post. This Court while disposing of the earlier writ petition on 16.12.1196, has even examined the original record

produced before the court only to observe that it indicated ""...that the representation of the petitioner was considered by the Director...

In the above circumstances no contempt is made out on merits. The RuleNissi is discharged. Matter closed. Disposed of.