Ajay Kumar vs Bhajan Lal Arva

Manoj Kumar Tiwari, J

Petitioner is serving as Driver on contract in Nagar Palika Parishad Vikasnagar, Dehradun since 2004. He filed WPSS No. 2284 of 2019 seeking

minimum of pay scale.

The said writ petition was disposed of vide order dated 04.03.2020, whereby Executive Officer, Nagar Palika Parishad Vikasnagar, Dehradun was

directed to take decision on petitioner’s representation in the light of the judgment rendered by Hon’ble Supreme Court in the case of Sabha

Shankar Duba Vs Divisional Forest Officer & others reported in 1 Apex Court Journal 447.

This contempt petition was filed alleging wilful disobedience of the order passed by Writ Court.

A compliance affidavit has been filed by Bhajan Lal Arya, Executive Officer, Nagar Palika Parishad, Vikasnagar, Dehradun, enclosing therewith

the decision dated 26.03.2021 taken on petitioner’s representation.

Perusal of the said order reveals that petitioner’s representation has been considered and rejected by holding that Executive Officer, Nagar

Palika Parishad, Vikasnagar, Dehradun cannot grant regular salary to petitioner without approval from Urban Development Department of the State

Government.

Since the only direction issued in favour of the petitioner was that his representation be decided and since such a decision has now been taken by

the Executive Officer, therefore, no case for proceeding for contempt is made out against him.

In such view of the matter, contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at

liberty to approach appropriate forum for redressal of his grievance, if any.