Rajasthan High Court - Jodhpur
Deva Ram vs . Sanjay Malhotra & Ors. on 10 December, 2015
Author: Sangeet Lodha
Bench: Sangeet Lodha
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Deva Ram Vs. Sanjay Malhotra & Ors.
(S. B. CIVIL CONTEMPT PETITION NO.559/15)
Date of Order : 10.12.15
HON'BLE MR. JUSTICE SANGEET LODHA
Mr. Rakesh Arora, for the petitioner.
Mr. Vikram Choudhary, for the respondent-contemnor.
This contempt petition has been filed by the petitioner alleging disobedience of the order dated 13.3.15 passed by the writ Court in SB Civil Writ Petition No.96/10, the operative portion whereof reads as under :
"The writ petition is thus disposed of directing the respondents to take up the matter for considering the regularization of the petitioner on the post of Orderly/equivalent post and to decide the issue within a period of eight weeks from the date of this order. It is further directed that till the matter is decided by the respondents, the petitioner shall be paid minimum of pay scale as admissible for the post of Orderly/equivalent post. In the event any of the petitioner's grievance still survives after the decision is taken by the respondents in light of aforesaid direction, he shall be at liberty to file a fresh writ petition."2
A reply to the contempt petition has been filed on behalf of the respondent taking the stand that after due consideration, the representation made by the petitioner for regularization in service stands rejected vide order dated 1.12.15 issued by the Managing Director, Ajmer Vidyut Viteran Nigam Limited, Ajmer. It is submitted that the petitioner was paid salary in the minimum pay scale as admissible to the post of Orderly/equivalent post till the decision of the representation in terms of directions issued by this Court and thus, the order disobedience whereof is alleged in the contempt petition stands complied with.
Learned counsel appearing for the petitioner submits that the petitioner is not being paid salary in the minimum pay scale as admissible to the post of Orderly/equivalent post, after disposal of the representation as aforesaid.
It is to be noticed that the Court vide order dated 13.3.15 had directed for payment of salary of minimum pay scale as admissible to the post of Ardali/equivalent post till the consideration of the petitioner's case for regularization in service.
If the petitioner is aggrieved by the order dated 1.12.15 issued by the Managing Director, Ajmer Vidyut Viteran Nigam Limited, Ajmer, he is always at liberty to avail the appropriate remedy available under the law. But then, since the order passed by the Court stands complied 3 with, no fruitful purpose will be served in continuing with the contempt proceedings any further.
Accordingly, the contempt proceedings are dropped. Notices are discharged.
(SANGEET LODHA), J.
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