Rajasthan High Court - Jodhpur
Jamil Usta vs Ashwini Bhagat And Anr on 14 February, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Contempt No. 494/2015 Jamil Usta
----Petitioner Versus Pawan Kumar Goya And Anr
----Respondent For Petitioner(s) : Ms. Varsha Bissa For Respondent(s) : Mr. Kailash Choudhary for Mr. Manish Vyas, AAG JUSTICE DINESH MEHTA Order 14/02/2020
1. The present contempt petition has been filed alleging non- compliance of the order dated 20.02.2015, passed by this Court in petitioner's writ petition, whereby the respondents were directed to grant benefits of Career Advancement Scheme (CAS) to the petitioner, while following the judgment dated 14.09.1994 rendered in the case of Dr. Suresh Chand Agrawal Vs. State of Rajasthan & Anr. : SB Civil Writ Petition No.3540/1992.
2. A reply to the contempt petition has been filed by the respondents inter alia stating that aided college namely Binani Girls College, Bikaner vide their communication dated 14.03.2018 had intimated the Principal, Government Doongar College, Bikaner that service record of the petitioner is not available with them, as he worked on adhoc/temporary basis.
3. Having regard to the reply to the contempt petition and documents, enclosed therewith, this Court is of the opinion that (Downloaded on 17/02/2020 at 08:48:11 PM) (2 of 2) [WCP-494/2015] there is no non-compliance on part of the respondents, much less deliberate disobedience.
4. In view of the aforesaid and having regard to the unconditional apology tendered by the respondents in the reply, this Court is not inclined to continue with the present contempt proceedings.
5. Notices of contempt are, hereby, discharged.
6. The contempt petition stands disposed of for statistical purposes.
7. Considering the fact that while deciding petitioner's case on 20.02.2015, this Court had simply followed the principles laid down in Dr. Suresh Chandra Agarwal's case (supra) and petitioner's rights on facts were not examined/determined, a liberty is hereby given to the petitioner to take up appropriate proceedings in accordance with law, while placing requisite pleadings/evidence in support of his claim that there was a continuity of service in his case.
(DINESH MEHTA),J 6-A.Arora/-
(Downloaded on 17/02/2020 at 08:48:11 PM) Powered by TCPDF (www.tcpdf.org)