Krishan Chand vs Barat Khera And Others

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for their having willfully and intentionally disobeyed the direction contained in judgment dated 23.2.2022 passed by this court in CWP No. 3667 of 2020, whereby a direction came to be issued to the respondents to consider and decide the case of petitioner in light of judgment rendered by this Court in CWP No. 3111 of 2016 titled State of HP v. Ashwani Kumar, decided on 10.5.2018. Since the needful in terms of the aforesaid directions never came to be done at the behest of respondents, petitioner was compelled to approach this court in the instant proceedings.

Before the notices could be issued in the present petition, learned Additional Advocate General has made available copy of communication dated 27.4.2022 issued by the Registrar, HPPWD, Shimla, which is taken on record, perusal whereof reveals that in terms of judgment alleged to have been violated, case of the petitioner has been considered in light of judgment supra.

Learned counsel for the petitioner vehemently argued that the respondents have failed to consider and decide the case of petitioner in light of judgment in Ashwani Kumar, wherein it has been held that cessation of work charge establishment has nothing to do with conferment of work charge status and regularization.

Though, learned counsel for the petitioner is right in making aforesaid statement, but since vide judgment dated 23.2.2022, the only direction to the respondents was to’ consider and decide’ the case of the petitioner and they have considered the case of the petitioner in light of aforesaid judgment, action of respondents cannot be said to be contumacious. Correctness of order dated 27.4.2022 passed in purported compliance of judgment alleged to have been violated, cannot be gone into in these proceedings and same can be only laid challenge by way of independent petition.

In view of above, nothing remains to be adjudicated in the present proceedings, which are accordingly closed. Notices issued to the respondents are discharged. Liberty is reserved to the petitioner to file appropriate proceedings, before appropriate court of law, laying therein challenge to order dated 27.4.2022 passed in compliance of judgment alleged to have been violated. Petition stands disposed of.