Dismissed

B. B. Vyas and Ors. (Health and Medical Education Department) v. Waseem Qureshi

J&K HC15 Sept 2021LPASW/50/2019

Case brief

AI extract

What is this about?

The High Court held that an appeal against an order disposing of a contempt petition was not maintainable. The underlying contempt order was based on the appellants' admission in a status report that the respondent had been assigned services w.e.f. 07.01.2012, making the disposing order essentially a consent order.

What did the court decide?

The Letters Patent Appeal was dismissed as it was held to have no merit being based on a consent order.

B. B. Vyas and Ors. (Health and Medical Education Department)… — Contempt of Court | J&K HC (2021)

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Sr. No.41

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CJ Court

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LPASW No.50/2019

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B. B. Vyas and others.

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…Petitioner(s)/Appellants.

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Through: Mr. Shah Aamir, AAG.

Vs.

Waseem Qureshi

….Respondent(s)

Through: Mr. Salih Pirzada, Advocate.

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CORAM:

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HON’BLE THE CHIEF JUSTICE

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HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

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O R D E R 15.09.2021

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Heard Mr. Shah Aamir, learned counsel for the appellants and Mr. Salih Pirzada, learned counsel for the respondent.

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The Letters Patent Appeal has been preferred against the order dated 31.08.2018 by which the CPSW No.172/2018 has been disposed of with certain directions.

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A bare reading of the aforesaid order reveals that the contempt petition was disposed of on the basis of the averments made in the status report filed by the appellants on 29.08.2018. The status report clearly mentions that the department after considering the case of the respondent forwarded the case to the General Administration Department for submission to the Establishment-cum-Selection Committee for regularisation. The relevant paragraphs of the status report are reproduced herein-below:

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“2. That the department after considering the case of petitioner, vide U.O.No.ME/Gaz/107/2017 dated 6.08.2017 forwarded the case of the petitioner in the shape of note to the General Adminsitration Department for submission to the

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Establishment-cum-Selection Committee for regularization/ confirmation of services of Dr. Waseem Qureshi as Registrar Academic, Government Medical College, Srinagar in the pay scale of Rs.37400-67000+10000/(Pre-revised) w.e.f. 07.01.2012, the date he completed cumulative uninterrupted 15 years of services as Medical/ Deputy Medical Superintendent in Medical Education Department.

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03. That after obtaining the approval from Establishmentcum-Selection Committee, the orders of the regularization/ confirmation of services of petitioner as Registrar Academic, Government Medical College, Srinagar shall be issued accordingly.”

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The submissions made in the above status report clearly reveal that after obtaining approval from the Establishment-cum-Selection Committee, the orders of regularisation of the services of the petitioner as Registrar Academic, Government Medical College, Srinagar, shall be passed w.e.f. 07.01.2012.

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Once the appellants themselves admit in the status report that regularisation shall be accorded to the respondent w.e.f. 07.01.2012, we are of the opinion that if any order onthat basis has been passed disposing of the contempt petition, it would be consent order which would not be amenable to appeal.

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Accordingly, the appeal has no merit and is dismissed.

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(VINOD CHATTERJI KOUL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

Srinagar

15.09.2021

Abdul Qayoom, PS

ABDUL QAYOOM LONE 2021.09.16 10:47 I attest to the accuracy and integrity of this document

B. B. Vyas and Ors. (Health and Medical Education Department) v. Waseem Qureshi

Case brief

What is this about?

What did the court decide?

B. B. Vyas and Ors. (Health and Medical Education Department) v. Waseem Qureshi

Case brief

What is this about?

What did the court decide?

What the court decided

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