Uttarakhand High Court
CLCON/228/2021 on 6 August, 2021
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 6th DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
CONTEMPT PETITION NO. 228 OF 2021
BETWEEN:
Amit Tyagi ....Petitioner
(By Mr. Pankaj Chaturvedi, Advocate)
AND:
Radha Raturi & Others ......Respondents
(By Mr. Pradeep Hairiya, Standing Counsel for the State
of Uttarakhand)
JUDGMENT
By means of this contempt petition, petitioner seeks enforcement of an interim order dated 11.07.2019 passed in WPSS No. 1643 of 2019. Operative portion of the said order is reproduced below:
"Having heard learned counsel for the petitioner and also considering the fact no appointment has been made either on regular basis or contractual basis in the Government Polytechnic, Pitthuwala, Dehradun and students cannot be left without faculty, thus it is directed that petitioner be permitted to continue on the post of Workshop Instructor till the regular appointment or alternative arrangement is made. And shall be paid due remuneration."
2. It is further the case of the petitioner that, by an amendment to the aforesaid order, the expression 'alternative arrangement' was removed.
3. In this contempt petition, it is alleged that respondents have wilfully disobeyed the order passed 2 by writ court, inasmuch as, petitioner's engagement, as Workshop Instructor, has been discontinued.
4. It is a fact that WPSS No. 1643 of 2019 is still pending. It is also a fact that petitioner had earlier filed contempt petition no. 716 of 2019, in which the following order was passed on 23.07.2020:-
"Petitioner was engaged on contract as Workshop Instructor in a Government Polytechnic. His engagement was subsequently discontinued. Feeling aggrieved, he filed WPSS No. 1643 of 2019. Learned Writ Court vide interim order dated 11.07.2019 provided that "petitioner be permitted to continue on the post of Workshop Instructor till the regular appointment or alternative arrangement is made".
In this Contempt Petition, it is alleged that the opposite parties have willfully disobeyed the interim order passed by Writ Court.
A response-cum-counter affidavit has been filed on behalf of respondent no. 2. Alongwith the said affidavit, an order dated 05.08.2019 passed by Director, Technical Education has been enclosed.
Perusal of the said order indicates that one Mr. Anoop Naudiyal has been posted as Workshop Instructor in Government Polytechnic, Pitthuwala, Dehradun where petitioner was earlier serving.
Since vacancy of Workshop Instructor in Government Polytechnic, Pitthuwala, Dehradun has been supplied by Mr. Anoop Naudiyal, therefore, this Court is of the opinion that substantial compliance of the interim order of the Writ Court has been made.
In such view of the matter, contempt petition is dismissed.
Contempt notices issued against the respondents are hereby discharged.
5. In this contempt petition, petitioner has alleged that since the expression 'alternative arrangement' was removed by correction in the interim order dated 11.07.2019 and as Mr. Anoop Naudiyal has been simply posted as Workshop Instructor in Government Polytechnic, Pitthuwala, Dehradun, therefore that does not amount to regular appointment, therefore it was incumbent upon the respondents to permit the petitioner as Workshop Instructor. Thus, according to the petitioner, this 3 amounts to wilful disobedience of the order passed by writ court.
6. This Court is not impressed by the submission made on behalf of the petitioner. The interim order, after its correction, means that the post in question has to be filled by a regular incumbent. It is not the case of the petitioner that Mr. Anoop Naudiyal is not a regular employee of the concerned department or that he was a daily wager or ad-hoc worker. If Mr. Anoop Naudiyal was not a regular employee, then the petitioner's contention would have some force. Since the regular employee has been posted in place of the petitioner, therefore, the petitioner cannot have any grievance.
7. In such view of the matter, contempt Petition is closed. Contempt notices issued to the respondents are hereby discharged.
(MANOJ KUMAR TIWARI, J.) Nahid