SHASHI KALA Vs. B.B. VYAS

JUDGEMENT

(1.) This contempt petition has been preferred for non implementation or judgment and order dated 17.02.2016 passed by a Division Bench of this Court in LPASW No. 206/2003, titled 'State of J&K and ors vs. Shashi Kala and ors'.

(2.) Statement of facts/affidavit has been filed by the respondents, which reveals that the judgment passed by this Court on the analogy of which the Hon'ble Division Bench decided the State Appeal, i.e., LPA No. 138/2011 is clubbed matter titled 'Rohit Gupta and another vs. Ajay Kumar and others', decided by this Court on 31.12.2015, pertains to the fixation of seniority involving Police Rule 111 of prosecution cadre and the bunch of SLPs, i.e., Special Leave Petition (C) Nos. 13490-91 of 2016, titled 'Rohit Gupta and another vs. Ajay Kumar Etc. and others' against the said LPA No. 138/2011 judgment filed by the private respondents seeking fixation of their seniority on the basis of merit of such Basic Recruitment Training course are pending adjudication before the Apex Court. It is urged that the respondents cannot implement the impugned judgment in view of pendency of the SLPs.

(3.) Be that as it may, instead of keeping this contempt petition pending, we deem it appropriate to close the same. Accordingly, this contempt petition is closed. Proceedings, if any, initiated are dropped. However, the petitioner is at liberty to re-agitate the matter in case the aforesaid SLPs are decided in favour of the petitioner and the respondents fail to comply with the directions.