Baldev Raj vs State Of J&K & Ors on 6 June, 2025

Jammu & Kashmir High Court

Baldev Raj vs State Of J&K & Ors on 6 June, 2025

                                                                              2025:JKLHC-JMU:1461
                                                                      Serial No. 20

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                 AT JAMMU
SWP No. 1591/2012
IA No. 2417/2012
Baldev Raj                                           .....Appellant(s)/Petitioner(s)


                         Through: Mr. Rameshwar P. Sharma, Advocate.

                  vs
State of J&K & Ors.                                             ..... Respondent(s)
                         Through: Mr. S. S. Nanda, Sr. AAG.

CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
                                     ORDER

(06.06.2025)

1. Learned Senior AAG appearing for the respondents has drawn

attention of this Court to the objections filed by the respondents,

particularly, Para 4, which is reproduced for convenience as under:

“It is submitted that during the pendency of the present writ
petition, in the year 2016, the petitioner again filed a writ petition
bearing SWP No. 116/2016 titled Baldev Raj vs. State of J&K &
Ors. seeking the same relief of regularization of his services. It is
further important to mention here that the said writ petition was
disposed of by the Hon’ble Court at threshold by virtue of an order
dated 03.02.2016 with the direction to respondents to consider the
claim of the petitioner for regularization of his services in tune with
the judgment passed in SWP No. 2191/2006 titled Abdul Rashid
Naik vs. State of J&K. It is further submitted that the petitioner
expired on 14.04.2016 and after his death his wife namely Smt.
Santosh Devi in spite of arraying herself as the legal heir in the
present writ petition filed another writ petition bearing SWP No.
978/2017 titled Santosh Devi vs. State of J&K & Ors. seeking the
decision to decide the representation of petitioner and to release the
service benefits of his deceased husband from the date he was to be
regularized under SRO 64 of 1994 along with retiral benefits and
family pension. The said writ petition was also disposed of by the
Hon’ble Court on 27.04.2017 with the direction to decide the
representation of the petitioner by passing a speaking order. It is
further apt to mention here that the claim for regularization of the
services of deceased Baldev Raj has already been considered and
rejected by answering respondents by virtue of order bearing No.
2 SWP No. 1591/2012
IA No. 2417/2012
2025:JKLHC-JMU:1461

DRDJ/LEG/83/2022-7055-60 dated 30.05.2023 hence the present
writ petition has also been rendered infructuous”.

2. Since the petitioner is stated to have died way back in April 2016,

learned counsel for the petitioner, at this stage, submits that

appropriate orders may be passed as deemed proper.

3. In this backdrop, since the petitioner has expired and some order has

also been passed with regard to regularisation of his services in the

subsequent petition filed by him in the year 2016, this petition is

unnecessarily on board and is, accordingly, dismissed, along with

connected application(s), in view of the facts narrated above. Interim

direction, if any, shall stand vacated.

(M A CHOWDHARY)
JUDGE

Jammu
06.06.2025
Vishal Sharma