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Chitranand Nautiyal vs PUnit Tomar

Uttarakhand High Court · Decided on 6 August 2021 · Citation: (2021) 08 UK CK 0081

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Contempt Petition No. 333 OF 2021
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Judgment

18 paragraphs · 333 words

Manoj Kumar Tiwari, J

1.

WPSS No. 440 of 2014, filed by the petitioner seeking regularization of his service, was disposed of in terms of judgment rendered in WPSS No.

1721 of 2015 and respondents were directed to consider petitioner’s case for regularization and also for grant of minimum of pay scale along with

Grade Pay.

2.

In this contempt petition, petitioner has contended that the direction issued by Writ Court has not been complied with.

3.

Regarding delay in filing this contempt petition, learned counsel for the petitioner submits that since State Government has filed special appeal

against the order passed by Writ Court in WPSS No. 1721 of 2015, therefore, petitioner was waiting for the final outcome of the special appeal. He

has referred to the order passed in Special Appeal on 18.12.2020, which indicates that Special Appeal, filed by the State Government, was disposed of

in terms of judgment rendered by Hon’ble Supreme Court in SLP(c) No. 25803-25805 of 2019. Learned counsel for the petitioner further submits

that the conduct of the opposite party in not complying with the direction issued by Writ Court as well as Division Bench of this Court in Special

Appeal amounts to willful disobedience, therefore, opposite party deserves to be punished under the Contempt of Courts Act for not complying with

Writ Court’s order.

4.

Having regard to the facts of the case, before issuing contempt notice to the opposite party, this Court thinks that one more opportunity be given for

compliance of the order of Writ Court.

5.

Accordingly, the contempt petition is disposed of with liberty to the petitioner to approach opposite party â€" Divisional Forest Officer, Forest

Division Kotbangla, Uttarkashi by making a representation, within two weeks from today. If such a representation is made within stipulated time,

Divisional Forest Officer shall look into the matter and take appropriate decision, in accordance with law, by passing a speaking order in the light of

the order passed in WPSS No. 440 of 2014.