Rajasthan High Court - Jodhpur
Smt. Uji Devi vs State Of Rajasthan on 2 December, 2021
Bench: Akil Kureshi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Contempt No. 1545/2018
Smt. Uji Devi W/o Shri Jodha Ram, Aged About 40 Years, Caste -
Meghwal, R/o Near Ambedkar Hostel, Jodhpur Road, Ahore,
District- Jalore (Rajasthan) (Hall Cook At Govt. Sc Hostel Ahore,
District- Jalore)
----Petitioner
Versus
1. State Of Rajasthan, Through The Commissioner-Cum-
Secretary, Department Of Social Justice And
Empowerment G-31 Ambedkar Bhawan, Govt. Of
Rajasthan, Jaipur.
2. Krishna Kunal, Ias, The Director, Department Of Social
Justice And Empowerment G-31 Ambedkar Bhawan,govt.
Of Rajasthan, Jaipur.
3. Kartar Singh Meena, The Dy. Director, Department Of
Social Justice And Empowerment District- Jalore
(Rajasthan).
4. Raja Ram Choudhary, The Hostel Superintendent,
Government Sc/st Hostel, Department Of Social Justice
And Empowerment, Ahore, District Jalore, Rajasthan.
----Respondents
For Petitioner(s) Mr. Satya Prakash Sharma
(through video conferencing)
For Respondent(s) Mr. M.S. Singhvi, Advocate General
(through video conferencing) assisted by
Mr. Kartik Singh Lodha
HON'BLE THE CHIEF JUSTICE MR.AKIL KURESHI
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 02/12/2021 This Court had given following directions in the judgment dated 17.04.2018:
"In view of aforesaid discussion and considering the above judgments of Hon'ble Apex Court, the instant appeal is hereby allowed and the orders impugned dated order dated 05.08.2015 passed by learned Single Judge in Review Petition (Downloaded on 03/12/2021 at 09:03:23 PM) (2 of 2) [WCP-1545/2018] No.106/2014 and the order dated 07.01.2014 passed in SBCWP No.895/2013 whereby the learned Single disposed of the writ petition, are hereby quashed and set aside qua the appellant and the respondents are directed to consider the case of the appellant/writ-petitioner for regularization in accordance with law and grant regular minimum of the pay scale at least from the date of judgment of Apex Court in the case of State of Punjab Vs. Jagjit Singh (supra). The arrears may be given to the appellant/writ petitioner within a period of three months from the date of receipt of certified copy of this judgment."
The learned Advocate General appearing for the respondents on the basis of affidavits filed, stated that the petitioner has already been granted the minimum scale. However, the pay and allowances are not granted in view of the Supreme Court judgment in the case of State of Punjab Vs. Jagjit Singh and others, AIR 2016 SCC 5176. The case of the respondents is that the petitioner could not be regularized in view of the decision of the Supreme Court in the case of State of Karnataka vs. Uma Devi, (2006) 4 SCC 1.
In a contempt petition, we are concerned with compliance of the directions. Correctness of the decision of the Government is not in question. We do not find that any case for proceeding further in the contempt is made out. If the petitioner is aggrieved by the decision of the Government, it is obviously open for her to challenge such decision in accordance with law. (SUDESH BANSAL),J (AKIL KURESHI),CJ Ashutosh-62 (Downloaded on 03/12/2021 at 09:03:23 PM) Powered by TCPDF (www.tcpdf.org)