Rajasthan High Court - Jaipur
Arti Bhargava Ors vs D B Gupta And Ors on 3 October, 2018
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No.827/2018
1. Arti Bhargava, D/o Shri B.k. Bhargava, aged about 48
years, R/o 1K 58, Mahaveer Nagar, Kota Raj.
2. Pramanandra Kumar Gupta, S/o Shri Mohan Lal Dhupad,
aged about 48 years, R/o Ward No. 12, Keshorai Patan,
Dist. Bundi.
3. Bhaskara Nand Tiwari, S/o Late Shri Ghananand Tiwari,
aged about 50 years, R/o 22, Vrindavan Vihar,
Sriganganagar Raj.
4. Ajit Kumar Somani, S/o Shri Hari Ram Somani, aged
about 43 years, R/o 5-A-34, Jawahar Nagar, Shri
Ganganagar Raj.
5. Harsh Parnami, S/o Shri Krishan Lal Parnami, aged about
46 years, Permanent Add 4-Ma-11, Jawahar Nagar,
Jaipur-4 And Present Add 5/35, Kala Kuan Housing Board,
Alwar, Rajasthan.
6. Kailash Chand Meena, S/o Raghunath Singh Meena, aged
about 42 years, Permanent Add V And P- Sikroda Meena,
Teh- Hindaun City, Dist- Karauli And Present Add 36A,
Scheme No. 8, Gandhi Nagar, Alwar.
7. Rajendra Prasad Bisaria, S/o Shri Bhajan Lal, aged about
46 years, R/o 233, Shantikunj, Alwar.
8. Gajanand Kumawat, S/o Shri Tola Ram, aged about 45
years, R/o Village- Todpura, V/a- Chirana, Distt.-
Jhunjhunu, Rajasthan.
9. Dinesh Kumar Trivedi, S/o Sh. Girija Shankar Trivedi,
aged about 44 years, R/o V. And P.o. Thana, Distt.
Dungarpur Raj.
10. Sanjay Sharma, S/o Sh. J.N. Sharma, aged about 47
years, R/o P-18, Madhuvan, Westii, Tonk Road, Jaipur-15
11. Anil Kumar Verma, S/o Shri Suraj Singh, aged about 51
years, R/o H-1, Subhash Colony, Jhalawar-326001,
Rajasthan.
12. Ramkesh Meena, S/o Mojee Lal Meena, aged about 45
years, R/o E-23, Vipul Sadan, Keshav Nagar, Main Tower,
Sawai Madhopur Raj.
13. Ghanshyam Meena, S/o Shri Panchu Ram Meena, aged
about 53 years, R/o Qtr. No. Ii/1, New Civil Lines, Thingla,
Sawai Madhopur Raj.
14. Gourav Chandra Goswami, S/o Shri Gour Chandra
Goswami, aged about 47 years, R/o 28, Adarsh Nagar,
Kunhadi, Kota.
15. Rajesh Sharma, S/o Shri Giriraj Prasad Sharma, aged
about 50 years, R/o 42, Sarai Kayasthan, Patanpole, Kota
Raj.
16. Gajanand Rathore, S/o Shri Subalal, aged about 48 years,
R/o C-38A, Indra Vihar, Kota.
(2 of 3) [CCP-827/2018]
17. Sunil Kumar Bhal, S/o Shri Bhag Chand Jain, aged about
48 years, R/o 4-Kh-1, Vigyan Nagar, Kota.
----Petitioners
Versus
1. D.B. Gupta, Additional Chief Secretary, Finance
Department, 1St Floor, Main Building, Government
Secretariat, Jaipur-303005
2. Khem Raj Choudhary, Additional Chief Secretary,
Tehcnical Education Department, Main Building,
Government Secretariat, Jaipur-303005
3. State Of Rajasthan, Technical Education Department,
Main Building, Government Secretariat, Jaipur-303005
Through Its Principal Secretary.
----Respondents
For Petitioner(s) : Mr.A.K. Sharma, Senior Counsel,
Mr.R.P. Singh, Senior Counsel with
Mr.Gaurav Sharma,
Mr.Sameer Sharma,
Mr.Deepak Sharma.
For Respondent(s) : Dr.Abhinav Sharma, AAG.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
03/10/2018
Non-compliance of the order dated 28.10.2015 in SBCWP
No.897/2013 is alleged in this petition.
The said petition was allowed and the respondents were
directed in Para 23 as under:-
"In the result, the respondents are directed to
accord the benefits of Selection Scale to the petitioners
as accorded to those who were in service on or before
1st September, 1996, without insisting upon the criteria
as contemplated under Clause 1.2 (ii) of Career
Advancement Scheme with reference to the cut off
date. The benefits be accorded to the petitioners with
arrears, if any, along with interest @ 6 % per annum."
(3 of 3) [CCP-827/2018]
Dr.Abhinav Sharma, AAG counsel for the respondent
submitted that following the order dated 28.10.2015 the formal sanction of the Finance Department for making the requisite payments to the petitioners has been issued vide order dated 29.09.2018 by the Technical Education Department. All Government Polytechnic colleges have been required to process due payments to the petitioners. Dr.Abhinav Sharma, AAG for respondents submitted that compliance with the court's order dated 28.10.2015 stands made in terms of the order dated 29.09.2018 issued by the Joint Secretary, Department of Technical Education and the follow up letters dated 01.10.2018 based thereon by the Director, Technical Education Department to all Principals of Government Polytechnics. Actual payment due pursuant to the court's order dated 01.10.2018 will be made within four weeks. The order dated 29.09.2018 and 01.10.2018 have been passed over to the court in the course of the hearing of the petition--are taken on record--and also furnish to the counsels for the petitioners.
The petition is accordingly disposed of recording Dr.Abhinav Sharma's statement that due payment to the petitioners will be made within four weeks.
In the event of payment not being made within four weeks, the petitioners shall be free to move an application for revival of this contempt petition.
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