Aishwarya Shah & Ors vs Anand Bardhan & Another

Manoj Kumar Tiwari, J

Since common questions of law and fact are involved in these contempt petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of CLCON No. 141 of 2018 are being considered.

Writ Petition (S/S) No. 944 of 2016 filed by the petitioner was allowed by Writ Court vide judgment dated 20.04.2017, order dated 25.02.2016 was quashed and respondents were directed to consider petitioner's case for release of pay-scale of Rs. 5,000-8,000 from due date. The said judgment was modified by a Division Bench of this Court in Special Appeal No. 203 of 2018.

Alleging non-compliance of the direction of this Court, these Contempt Petitions were filed.

A compliance affidavit has been filed by Mr. Vinay Shankar Pandey (respondent no. 2). Order dated 09.02.2019 passed by Additional Chief Secretary, Industrial Development Department has been enclosed as Annexure CA-3 to the said affidavit. Perusal of the said document reveals that the Competent Authority, after considering the claim of the petitioner for higher pay-scale, has rejected the same on certain grounds.

Since petitioner(s) claim for grant of higher scale was considered and has been rejected on certain grounds and validity of these grounds cannot be gone into in contempt proceedings, therefore, this Court thinks that no useful purpose would be served, by keeping these contempt petitions pending.

Accordingly, Contempt Petitions are closed. Contempt notices issued to respondents are hereby discharged.

However, petitioner(s) shall be at liberty to approach the appropriate forum, challenging the rejection order dated 09.02.2019, if so advised.