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Judgment
12 paragraphs · 247 wordsManoj Kumar Tiwari, J
This contempt petition has been filed alleging wilful disobedience of the interim order dated 18.12.2020 passed by coordinate Bench of this Court in
WPSS No. 1752 of 2020. Operative portion of the said order is extracted below:-
“As an interim measure, it is directed that the promotion of the respondent nos.5 to 26, shall be subject to the final decision of the writ petition.â€
In the contempt petition, it is alleged that, based on the seniority list dated 01.10.2020, which has been challenged in the aforesaid writ petition,
certain persons have now been promoted. However, learned Senior Counsel appearing for the petitioner fairly submits that the persons, who are so
promoted, are other than respondent nos. 5 to 26 in the writ petition.
Since coordinate Bench has not granted any stay against promotion exercise and only this much was provided vide order dated 18.12.2020 that
promotion of respondent nos. 5 to 26 in the writ petition would be subject to the final decision of the writ petition, therefore, in the humble opinion of
this Court that no contempt of the order of this Court is made out against the opposite party.
In such view of the matter, this Court decline to issue notice to the opposite party. Accordingly, contempt petition is closed. However, having regard
to the facts and circumstances of the case, it shall be open to the petitioner to approach the writ court by making appropriate application.