Choth Mal vs State Of Rajasthan And Ors

Learned counsel for the petitioner submits that this court vide order dated 12.10.2017 had directed to accord the due benefits i.e. selection grade,

seniority, promotion to the petitioner from the date the employee immediately below in merit to the  petitioner has been accorded the same.

However, the actual benefits were directed to be given from the date of the appointment.

The petitioner submits that while the respondents have granted senior scale from the date person junior to him, namely, Ram Dhan Bairwa, was

granted senior scale i.e. 07.07.1994; selection scale has been granted from a different date and promotion on the post of Vice Principal has not been

made although, the same was granted to the person junior to him in merit, namely, Ram Dhan Bairwa. Learned counsel submits that compliance

therefore has not been made.

Reply has been filed. The respondents have stated that the matter was placed before the Screening Committee, which considered the matter for grant

of career advancement to the petitioner and benefits have been accorded accordingly.

Rejoinder has also been filed stating that the petitioner was entitled for the selection scale from earlier year and was also entitled to promotion.

I have carefully considered submissions as above. The contempt proceedings are different from regular writ proceedings in contempt. This court has

only examined whether the court's order having been duly complied with.

From the perusal of the order dated 12.10.2017 passed by court, this court finds that the court directed to accord due benefits on account of pay,

selection grade, seniority, promotion to the petitioner from the date, the employee, immediately below in merit to the petitioner, has been accorded.

The question whether the benefits accorded to the petitioner are in order and as per entitlement can only be examined in writ  proceedings and the

present contempt proceedings cannot be extended for the said purpose.

In the opinion of this court, compliance has been made however if the petitioner still has any grievance, it is always open for him to raise the same in

regular proceedings.

The contempt proceedings are accordingly dropped. Notices are discharged and contempt petition is accordingly dismissed.