Suresh Prasad Bhagat vs The State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard counsel for the parties. The present contempt petition has been preferred by the petitioner alleging that the judgment dated 22.8.2008 passed in W.P.S. No. 6709 of 2002 has not been complied with by the opposite parties in a deliberate disobedience of the judgment under offence.

The operative part of the judgment is quoted herein below:-

In the aforesaid background, this writ petition is allowed and the order dated 16.9.2002, passed by respondent No. 2 is quashed and it is further directed to consider the claim of the petitioner to grant Graduate Trained Scale with effect from 1.4.1985 and Post Graduate Trained scale in the scale of Headmaster with effect from 16.3.1996.

Learned counsel for the opposite parties submitted by referring to the show cause filed on 3.12.2013 that the opposite parties-State have granted the Graduate Trained Scale w.e.f. 1.4.1985 and Post Graduate Trained Scale in the scale of Headmaster w.e.f. 16.3.1996 and also posted him as Headmaster in Middle School Karudih, Anchal Gopikandar vide memo No. 2380 dated 26.8.2013, which is annexed as Annexure-A to the supplementary show cause. It is therefore submitted the order under offence has been complied with.

Learned counsel for the petitioner, however submitted that consequential monetary benefits due after such grant of Graduate Trained Scale and Post Graduate Trained Scale from the revised dates have not been paid to the petitioner. He also refers to the order passed in the instant contempt petition on 20.9.2010 where under the opposite parties were directed to at least calculate the amount that is payable to the petitioner on grant of such Graduate and Post Graduate Trained Scale. It is submitted that though the opposite parties-State have calculated the said amount, but they have failed to make payment of the same. Therefore, the judgment under offence has not been full complied with.

Having heard learned counsel for the parties and after going through the relevant materials on record, it appears that the petitioner was aggrieved by the order dated 16.9.2002 passed by the Commissioner, Santhal Parganas, Dumka whereby his claim for grant of Graduate Trained Scale with effect from 1.4.1985 and Post Graduate Trained scale in the scale of Headmaster with effect from 16.3.1996 was rejected. In the judgment dated 22.8.2008 passed in W.P.S. No. 6709 of 2002 by the learned Single Judge, the operative part of which has been quoted herein above, the impugned order was set aside and the respondents were directed to consider the claim of the petitioner for grant of Graduate Trained Scale as well as Post Graduate Trained Scale from the revised dates. The said relief apparently has been granted by the opposite parties as would appear from perusal of the show cause filed on 3.12.2013 to which reasoned order has also been enclosed. However, there does not appear to have been any direction for payment of consequential monetary benefits emanating from the judgment under offence. The opposite parties also appear to have indicated reasons for not making payment in lieu of grant of such scale from retrospective dates. The aforesaid issue however is an independent cause of action for the petitioner to agitate. Therefore, it appears that the judgment under offence has been duly complied with by the opposite parties. In that view of the matter, the contempt petition is disposed of and proceedings are dropped. However, petitioner is given liberty to agitate his grievances relating to payment of consequential monetary benefits before the appropriate form in accordance with law.