Disposed

Dhruw Kumar Tiwari v. Nirmal Kumar Xaxa

Chhattisgarh HC23 Feb 2023CONT/104/2019

Case brief

AI extract

What is this about?

In a contempt petition alleging non-compliance of a 2017 order directing re-fixation of pay scales, the Court found that the respondents had rectified errors regarding employees' payfixation via a 2020 letter. Consequently, the Court held that the Court order was complied with, no case for contempt existed, and the proceedings were dropped.

What did the court decide?

Contempt proceedings dropped; petitions disposed of as Court order deemed complied with.

Dhruw Kumar Tiwari Vs Nirmal Kumar Xaxa — Writ and Judicial Review | Chhattisgarh HC (2023)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

Contempt Petition (C) No. 236 of 2019

¶4

S.P. Chaurasia S/o Late Sampat Kumar Chaurasia Aged About 58 Years R/o House No. 267, Near Mahamaya Petrol Pump, Ring Road, Namna Kala, Ambikapur, District Surguja Chhattisgarh. Working In The O/o Collector Surguja At Ambikapur, Land Acquisition Section, Collectorate, Surguja Ambikapur Chhattisgarh.

¶5

---- Petitioner

¶6

Versus

¶7

Nirmal Kumar Xaxa, IAS, Secretary, Department Of Revenue And Disaster Management, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh. (Contemnor No. 1)

¶8

Dr. Saransh Mitter, IAS, Collector, Surguja At Ambikapur, Collectorate Surguja At Ambikapur Chhattisgarh. (Contemnor No. 2)

¶9

Kanahiya Singh Marawi, Joint Director, Treasury, Accounts, And Pension, Ambikapur Chhattisgarh. (Contemnor No. 3)

¶10

---- Respondents

¶11

Contempt Petition (C) No. 104 of 2019

¶12

Dhruw Kumar Tiwari S/o Late Dev Narayan Tiwari Aged About 50 Years R/o Kedarpur, Dhuandhar Park, Quarter No. G A 14/6, Ambikapur Chhattisgarh, Working As Assistant Grade III, Department Enquiry And Rent Control Branch, Collectorate - Sarguja At Ambikapur, District Surguja, Ambikapur Chhattisgarh.

¶13

---- Petitioner

¶14

Versus

¶15

Nirmal Kumar Xaxa, IAS, Secretary, Department Of Revenue And Disaster Management, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh. (Contemnor No. 1)

¶16

Dr. Saransh Mitter, IAS, Collector, Surguja At Ambikapur, Collectorate Surguja At Ambikapur Chhattisgarh. (Contemnor No. 2)

¶17

Kanahiya Singh Marawi, Joint Director, Treasury, Accounts, And Pension, Ambikapur Chhattisgarh. (Contemnor No. 3)

¶18

---- Respondent

¶19

For Petitioners : Mr. Prasun Bhaduri, Advocate. For Respondents No.1 & 2 : Mr. Chandresh Shrivastava, Adv. For Respondent No.3 : Mr. Pawan Shrivastava, Adv.

¶20

Hon’ble Smt. Justice Rajani Dubey Order On Board

¶21

23/02/2023

¶22

The petitioners namely SP Chaurasia and Dhruw Kumar Tiwari had filed writ petitions i.e. WPS No.3854/2006 and 4306/2006 respectively challenging the legality and validity of the order dated 5.1.2006 issued by the Collector, Surguja whereby it was directed that the petitioners, the compassionate appointees, will be entitled for annual increment after attaining the age of 40 years for the reason that they have not passed the Hindi Typing Examination. Vide order dated 2.2.2017 the said writ petitions were allowed, the impugned order was quashed and it was directed that the petitioners’ pay scale together with increment payable to them shall be re-fixed in accordance with law. However, despite there being specific order of this Court, the respondent authorities did not comply with the same and instead Collector, Surguja issued an order dated 30.8.2018 rejecting re-fixation of pay scale and increments of the petitioners. The second request of the petitioners was again rejected on 26.11.2018 by the Collector. Hence these contempt petitions.

¶23

Learned counsel for the petitioners submits that despite there being specific order dated 2.2.2017 passed by this Court, the respondents/contemnors did not comply with the same and fixation of the petitioner’s pay scale was not done according to the order of this Court. Therefore, the respondents/contemnors are liable to be

¶24

punished suitably for deliberate non-compliance of the order of this Court.

¶25

Learned counsel for the respondents/contemnors No.1 & 2 submits that as per circulars of the State Government, the Lower Division Clerks are entitled for regularization and annual increment only after passing the typing examination and are exempted from the said condition only if they attain the age of 40 years. The said circulars are also referred to in the order dated 26.11.2018. Further, as per earlier scheme of compassionate appointment as well as new scheme of circular dated 14.6.2013, the benefit of increment is only available after completion of age of 45 years or passing of typing examination vide circulars of Annexure R/4.

¶26

Learned counsel for the respondents/contemnors, however, submit that as per order dated 2.2.2017 of this Court passed in WPS No. 3854/2006 and 4306/2006, while doing re-fixation of the pay scale of the employees, there was some error in such re-fixation which was subsequently rectified vide letter dated 5.2.2020 of the Divisional Joint Director, Treasury, Accounts & Pension, Ambikapur Division, Surguja.

¶27

Heard counsel for the parties and perused the material available on record.

¶28

Vide order dated 2.2.2017 passed in WPS No.3854/2006 and 4306/2006, this Court had directed for re-fixation of the petitioner’s pay scale together with increment payable to them in accordance with law. As per letter dated 5.2.2020 of the Divisional Join Director, Treasury, Accounts & Pension, Ambikapur Division, Surguja, the pay fixation of all the employees including the petitioners has been done after

¶29

rectifying the error crept in while doing re-fixation earlier. Therefore, in the facts and circumstances of the case, since the order of this Court stands complied with, no case for contempt is made out against the respondents. Accordingly, the contempt proceedings are hereby dropped. Both these petitions, thus, stand disposed of.

¶30

sd/ (Rajani Dubey) Judge

¶31

Khan

Dhruw Kumar Tiwari v. Nirmal Kumar Xaxa

Case brief

What is this about?

What did the court decide?

Dhruw Kumar Tiwari v. Nirmal Kumar Xaxa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Umashanker Singh (Died) Through Lrs. Vs The State Of Chhattisgarh And Ors.

Ghasiram Suryawanshi Vs South Eastern Coalfields Ltd.

Mitlesh Tiwari Vs State Of Chhattisgarh And Ors.

Shyamdas Vaishnav Vs State of Chhattisgarh

S.P.Chaurasia Vs Nirmal Kumar Xaxa IAS

Amrita Thakur Vs South Eastern Coalfields Limited