Jharkhand High Court
Sarayu Prasad Roy vs State Of Jharkhand & Ors on 19 February, 2009
Author: Gyan Sudha Misra
Bench: Chief Justice
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. (C) Case No. 404 OF 2008
Surya Prasad Roy Petitioner
Versus
The State of Jharkhand & Ors. Respondents
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CORAM HON'BLE THE CHIEF JUSTICE
For the Appellant/Petitioner Mr.S.K.Pandey
For the Respondent/Opp.Party JC to G.P II
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4. 9.2.2009This is a petition for contempt alleging non-compliance of the order dated 1.9.2004 passed in CWJC No.11805/1993P, by which the learned Single Judge had allowed the writ petition holding therein that the petitioner is entitled to the scale of Headmaster, which was to be paid to him.
The petitioner has alleged in this petition that although the amount has been sanctioned for payment, the scale of Headmaster has not been granted to him and only the scale of a Teacher/Master has been allowed, on the basis of which the amount has been paid.
The aforesaid controversy cannot be raised by way of a petition for contempt since the version of the respondent-contemnors is that the amount has not been paid as per the scale of the Teacher/Master, but has been paid on the basis of the scale applicable to the Headmaster. Under the circumstance, the petitioner should have got the order of the learned Single Judge clarified either by way of an application for clarification or by a petition of review as to whether the computation is correct or not and the aforesaid controversy cannot be made a subject-matter of a petition for contempt. In so far as this petition for contempt is concerned, no case for contempt is made out. The petition, therefore, is dismissed.
(Gyan Sudha Misra.C.J.) dey