Yamuna Kumari vs Dr. Arun Sharma And Ors

Sandeep Sharma, J

By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed the directions contained in order/judgment dated 13.4.2018, passed by the Erstwhile HP State Administrative Tribunal in TA No. 5937 of 2015, whereby the Tribunal below while allowing the TA filed by the petitioner, directed the respondents/competent authority to initiate the process for filling up the existing vacancy of Part-Time Water Carrier at GPS Shakahal Education Block Karsog-I, District Mandi, H.P., in accordance with the scheme/rules/law, within a period of thirty days from the date of production of certified copy of the order. Since no steps, if any, ever came to be taken at the behest of the respondents pursuant to aforesaid direction issued by the Tribunal, petitioner was compelled to approach this Court in the instant proceedings.

Having heard learned Additional Advocate General and perused reply filed by the Deputy Director (Elementary Education), this Court finds that vide order dated 29.6.2018 (Annexure R-1), case of the petitioner was considered in light of judgment alleged to have been violated, but since there is/was no existing vacancy of Part-Time Water Carrier available at the GPS Shakahal Education Block Karsog, representation having been filed by the petitioner came to be considered and rejected.

Consequently, in view of the above, this Court does not find action of the respondents to be contumacious and accordingly, contempt proceedings are closed and notices issued to the respondents are discharged. However, liberty is reserved to the petitioner to file appropriate proceedings before appropriate Court of law, if she still feels aggrieved.