2022 PLP (C (PLC(CS))

CH. MUHAMMAD IBRAHIM ZIA, CJ.

The captioned appeal has been filed against the judgment of the High Court dated 11.09.2018, whereby the application filed by the appellants for initiation of contempt proceedings against the respondents has been dismissed.

2. The brief facts of the case are that the appellants, herein, filed a writ petition for sanction of qualification allowance Rs.5,000/- per month. The learned High Court vide judgment dated 20.02.2014 accepted the writ petition and directed the respondents to sanction the qualification allowance @ Rs.5,000/- per month from 01.03.2003 in favour of the appellants and all others who are holders of degrees equivalent to Degree of Ph.D in Health Department. Thereafter, the appellants herein filed an application for initiation of contempt of Court proceedings before the High Court on the ground that Dr. Adnan Mehraj, Dr. Bilal and others are receiving the qualification allowance @ Rs.10,000/-, thus, the appellants are also entitled for same allowance, however, the respondents are procrastinating the matter. After necessary proceedings, the learned High Court dismissed the application through the impugned judgment, hence, this appeal.

3. Raja Muhammad Hanif Khan, Advocate, the learned counsel for the appellants after narration of necessary facts submitted that the impugned judgment of the High Court is against law and facts. The matter relates to sanction of qualification allowance. The learned High Court vide judgment dated 20 02.2014 clearly declared the appellants and others entitled for qualification allowance which at the time of the judgment was Rs.5,000/- per month and subsequently enhanced to Rs.10,000/-. Thus, according to the spirit of the judgment the appellants are entitled for Rs.10,000/-. The respondents intentionally failed to comply with the judgment of the High Court, thus, they have committed contempt of Court but the learned High Court has not properly appreciated this proposition and declined to initiate the contempt proceedings. Therefore, while accepting this appeal and setting aside the impugned judgment the learned High Court be directed for initiation of contempt of Court proceedings against the respondents.

4. Conversely, Mr. Asghar Ali Mallik, Advocate, the learned counsel for the respondents seriously opposed the appeal on the ground that the appellants alleged that the contempt of Court has been committed, whereas, the learned High Court after due deliberation found the allegation incorrect and dismissed the application. If the Court whose contempt is alleged is satisfied that no contempt has been committed in such state of affairs the appellants have got no legal right to challenge the proprietary of the judgment of the High Court. He further argued that the allegation is baseless as the judgment of the High Court is clear through which express direction for granting qualification allowance of Rs.5,000/- per month from 01.03.2003 has been given which has been duly complied in letter and spirit. The appellants' claim is based upon subsequent notification and event which cannot deemed to have been pre-judged by the High Court. No violation has been committed, thus, the application is baseless and not maintainable.

5. We have heard the learned counsel for the parties and gone through the record. For initiation of contempt proceedings in relation to the judgment of the Court the main consideration is the order/direction given in the judgment. It will be useful to reproduce here the direction of the learned High Court given in the judgment dated 20.02.2014, which reads as follows:- "In the light of what has been stated above, the instant writ petition is accepted and the respondents are hereby directed to sanction the qualification allowance of Rs.5,000/- per month from 01.03.2003 in favour of the petitioner and all others who are holders of the degrees equivalent to the Degree of Ph.D in the Health Department of Azad Jammu and Kashmir. No order as to costs." The above reproduced direction clearly speaks that the learned High Court has expressly issued direction for sanction of qualification allowance @ Rs.5,000/- per month from 01.03.2003 in favour of the appellants and all others who are holders of degrees equivalent to the degree of Ph.D in the Health Department of Azad Jammu and Kashmir. In the application for initiation of contempt proceedings, there is no allegation that the respondents/alleged-contemnors have violated the direction of the High Court or have not sanctioned the qualification allowance @ Rs.5,000/- per moth rather it appears that they approached the Court in contempt proceedings for issuance of a direction to sanction qualification allowance @ Rs.10,000/- per month as sanctioned in favour of some other doctors. It has been further prayed that the judgment dated 20.02.2014 should be implemented and qualification allowance @ Rs.10,000/- per month be sanctioned in their favour.

6. As stated hereinabove the learned High Court has not directed for sanction of qualification allowance @ Rs.10,000/- per month rather a clear and specific direction (reproduced hereinabove) has been issued and the appellants have failed to point out that the same has been violated. So far as their claim of discrimination is concerned, in our considered view, such controversy cannot be resolved in the contempt proceedings rather if the appellants have any grievance, they may approach the proper forum. In the light of peculiar facts and circumstances of the case, the learned High Court has rightly declined to entertain the contempt application. The impugned judgment does not call for any interference. For the above stated reasons, finding no force, this appeal is dismissed. SA/81/SC(AJ&K) Appeal dismissed.