High CourtsSingle Bench

Chandra Mohan vs Nitesh Jha & Another

Uttarakhand High Court · Decided on 14 July 2021 · Citation: (2021) 07 UK CK 0093

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Contempt Petition No. 35 Of 2020
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Judgment

16 paragraphs · 276 words

Manoj Kumar Tiwari, J

1.

Writ Petition (S/S) No. 3617 of 2018 filed by the petitioner, claiming equal pay for equal work, was disposed of by Writ Court on 30.04.2019 in

terms of judgment dated 08.04.2019 rendered in WPSS No. 3619 of 2018. Operative portion of the final order passed in WPSS No. 3619 of 2018 is

reproduced below:

“8. Accordingly, impugned order dated 16.08.2018 is quashed. Respondent No. 4 is directed to re-consider petitioner’s claim in the light of the

judgment rendered by this Court in WPSS No. 4378 of 2018 and pass speaking order, in accordance with law, within six weeks from the date of

receipt of certified copy of this order.â€​

2.

In this Contempt Petition, it has been alleged that respondents have not complied with the order passed by Writ Court.

3.

A compliance affidavit has been filed on behalf of respondent no. 1. Annexure No. 1 to the compliance affidavit is an order passed by Principal,

Veer Chandra Garhwali Government Medical, Science & Research Institute, Srinagar on 04.05.2020. Perusal of the said order indicates that

petitioner’s claim for minimum of pay scale was considered and rejected.

4.

Since the only direction issued to the respondents was to re-consider petitioner’s claim for grant of minimum of pay scale and such claim has

been considered and rejected, therefore, this Court is of the considered opinion that it is not a case of willful disobedience of the order passed by Writ

Court.

6.

Accordingly, the contempt petition is closed. Contempt notices issued to the respondents are hereby discharged.

7.

However, petitioner shall be at liberty to challenge order dated 04.05.2020 before the appropriate forum.