Rajasthan High Court - Jaipur
S.K. Bhargava S/O Late Sh. Shriram ... vs Sh Bandaru Dattatreya S/O Not Known on 21 January, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 12871/2020
S. K. Bhargava S/o Late Sh. Shriram Bhargava, aged 72 years,
R/o 2, Vivekanand Colony, Bh Triton Mall, Jhotwada Jaipur-
302012
----Applicant
Versus
1. Sh. Bandaru Dattatreya S/o Not Known,
Chairman, Central Board of Trustees, E.P.F. & Minister
Labour & Employment Government of India, Ministry of
Labour Shram Shakti Bhawan, Rafi Marg, New-Delhi-
110001
2. Sh Shankar Aggarwal S/o Not Known, Secretary, (L&E)
Ministry of Labour & Employment, Shram Shakti Bhawan,
Rafi Marg, New- Delhi - 110001
3. Sh V P Joy S/o Not Known, Central P F Commissioner and
Secretary, Central Board of Trustees (EPF), Bhavishya
Nidhi Bhawan 14, Bhikaji Cama Place, New Delhi-110066.
----Respondents
For Petitioner : Mr. S.K. Bhargava Petitioner in person through Video Conferencing.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 21/01/2021 Petitioner has filed the petition challenging order dated 28.07.2020 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), whereby, contempt petition filed by the petitioner was dismissed and order dated 23.09.2020, whereby, execution application filed by the petitioner was dismissed.
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(2 of 3) [CW-12871/2020] We have heard the petitioner and have gone through the record available on the file carefully.
Petitioner had joined as Provident Fund Inspector Grade-I in the year 1979. Departmental Promotion Committee (hereinafter referred to as 'DPC') was convened in the year 1986 for selection to the post of APFC. Review DPC took place in the year 1994 and certain selections were made. The Tribunal vide order dated 31.03.2016 passed in Original Application No. 368/2013 directed that review DPC be conducted and consequential benefits be given to the petitioner, if found eligible.
Petitioner filed contempt petition as well as execution before the Tribunal. Contempt petition filed by the petitioner was dismissed vide order dated 28.07.2020 and execution application filed by the petitioner was dismissed vide order dated 23.09.2020. Hence, the present petition by the petitioner.
Learned Tribunal, while dismissing the contempt petition, has taken in consideration the fact that review DPC was held on 08.11.2016 in pursuance to the order passed by the Tribunal. However, the DPC did not find any merit in the submissions made by the petitioner and it decided that no case to reconsider the recommendations of review DPC held in the year 1994 was made out. In compliance to the directions issued by the Tribunal vide order dated 31.03.2016, order dated 09.11.2016 was passed by the respondents.
Admittedly, order dated 09.11.2016 has been challenged by the petitioner by filing a separate original application.
In these circumstances, learned Tribunal rightly came to the conclusion that the contempt petition was liable to be (Downloaded on 25/01/2021 at 10:04:29 PM) (3 of 3) [CW-12871/2020] dismissed. In the facts and circumstances of the present case, execution application was also, thus, rightly dismissed by the Tribunal.
No ground for interference is made out.
Dismissed.
(MANOJ KUMAR VYAS),J (SABINA),J
MANOJ NARWANI /72
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