QAZI AFTAB AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of the present petition the petitioner prays the following reliefs:

(2.) It has been pleaded in the petition that this court vide Judgment dtd. 16/5/2007 passed in SWP No. 1251/2005 directed the respondents to place the petitioner in the pay scale of Rs.10,000.0015200 w.e.f. 18/6/2005 and pay his emoluments and also promotional benefits be worked out accordingly. Respondents challenged the said judgment in appeal (LPA NO. 164/2007) before a Division Bench of this Court. The appeal was, however, dismissed by the Division Bench vide order dtd. 1/9/2007.

(3.) Learned Senior counsel for the petitioner submits that in light of the judgment dtd. 16/5/2007, the petitioner was to be placed in the pay scale of Rs.10,000.0015200 w.e.f. 18/6/2005 and besides paying him the emoluments, his promotional benefits had also to be worked out and paid to him but instead of complying with the judgment in its letter and spirit, the respondents issued Order No. 19 of 2007 dtd. 19/11/2007 whereunder sanction was accorded to the release of pay scale of Rs.10,000.0015200 in favour of the petitioner w.e.f. 18/6/2005. However, no steps were taken by the respondents to implement the other part of the judgment relating to the promotional benefits of the petitioner and paying the same to him. Therefore, the judgment was partly implemented by the respondents and part thereof remained unimplemented.