Contempt petition alleging non-compliance of directions to decide a representation on compassionate appointment. Court held the order stood complied with; challenges to the Screening Committee's decision and policy cannot be entertained in contempt proceedings; liberty granted to seek remedies elsewhere.
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Through: Mr. Vijay Mishra, Advocate.
versus
AMIT YADAV, CHAIRPERSON, NDMC & ANR. .....Respondents Through: Mr. Nirvikar, ASC for NDMC/R-1. Mr. Chetan Sharma, ASG with Mr. Tushar Sannu, ASC, Mr. Vikrmaditya Singh & Mr. Parvin Bansal,Advocates alongwith Ms. Anju Randhawa, JD/NSES and Mr. Vikash Mathur, AO NSES.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
CONT.CAS(C) 114/2024 Page 1 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
“6. The petitioner is directed to file a detailed representation/application along with the copy of the instant petition including the pleadings of the petition as well as the certified copy of this order before the Chairman, New Delhi Municipal Council within two weeks from today and after receiving the detailed representation/application, the Chairman, New Delhi Municipal Council is directed to dispose of the detailed representation/application keeping in the mind the contents of the petition as well as of the counter affidavit filed on behalf of the respondents after giving personal hearing to the petitioners, if required and pass a detailed and reasoned order in accordance with law expeditiously, preferably within eight weeks.”
“4. Per contra, learned counsel appearing for respondent/NDMC submits that the order dated 24th July, 2023 passed by this Court has already been complied with. He submits that a speaking order dated December, 2023 has already been issued, which is on record before this Court. He submits that as per the said speaking order, all matters of compassionate appointment pending in the Navyug School Education Society, which also includes the petitioners herein, will be considered and decided in a maximum time period of two months by following the due procedure. The said speaking order further states that the petitioners will continue to work as contractual employees with the Navyug School Education Society till then. Thus, he submits that there is no disobedience of the order dated 24th July, 2023 passed by this Court.
Bench of this Court had disposed of this petition by observing as under:-
“6. Having heard learned counsels for the parties, this Court notes that by order dated 24th July, 2023 passed in W.P.(C) 12030/2018, the only
CONT.CAS(C) 114/2024 Page 2 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
direction passed by the Coordinate Bench was to treat the petition of the petitioners as representation and the respondents were directed to pass a detailed and reasoned order with respect thereto.
“xxx xxx xxx
6. The petitioner is directed to file a detailed representation/application along with the copy of the instant petition including the pleadings of the petition as well as the certified copy of this order before the Chairman, New Delhi Municipal Council within two weeks from today and after receiving the detailed representation/application, the Chairman, New Delhi Municipal Council is directed to dispose of the detailed representation/application keeping in the mind the contents of the petition as well as of the counter affidavit filed on behalf of the respondents after giving personal hearing to the petitioners, if required and pass a detailed and reasoned order in accordance with law expeditiously, preferably within eight weeks.
xxx xxx xxx”
“xxx xxx xxx
16. After due deliberation and discussion, the BoG has approved that “Compassionate appointment cases of Navyug School Educational Society (NSES) may be considered as per the extant compassionate appointment Policy/instructions issued by Department of Personnel and Training, Govt. of India.” 17. Accordingly, all the matters of compassionate appointment pending in Navyug School Educational Society (NSES), the cases including those of the petitioners, will be considered and decided in a maximum time period of 2 months by following the due procedure. The Petitioners will continue to work as contractual employees in NSES till then. xxx xxx xxx”
CONT.CAS(C) 114/2024 Page 3 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
“xxx xxx xxx
6. Learned counsel appearing for the respondent points out that the speaking order dated 05th December, 2023 has already been passed in compliance of the order dated 24th July, 2023. He further submits that the process for filling up the posts on compassionate appointments in Navyug Schools has already been initiated.
7. He submits that the petitioners herein were issued a letter seeking to provide certain documents and to fill the format for the purposes of compassionate appointments. However, the petitioners have not been cooperating with the respondent. 8. In view of the aforesaid, it is directed that the petitioners shall cooperate with the respondents and provide all the requisite information and documents to the respondents. Further, the format which is to be filled for the purposes of compassionate appointments and other formalities which were required to be fulfilled, shall be complied by the petitioners.
9. Needless to state, the respondents shall expeditiously process the cases of the petitioners for compassionate appointments. xxx xxx xxx”
CONT.CAS(C) 114/2024 Page 4 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
respondents in its true letter and spirit.
CONT.CAS(C) 114/2024 Page 5 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
period of 12 weeks from today, the petitioners may be permitted to revive the present contempt petition.
CONT.CAS(C) 114/2024 Page 6 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
“
CONT.CAS(C) 114/2024 Page 7 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
CONT.CAS(C) 114/2024 Page 8 of 18
CONT.CAS(C) 114/2024 Page 9 of 18
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
CONT.CAS(C) 114/2024 Page 10 of 18
”
CONT.CAS(C) 114/2024 Page 11 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
In pursuance of the same, an offer of appointment dated 03.07.2025 had been issued to Smt. Kajal, Smt. Asha and Smt. Alka Dabral , which have been placed on record along with the compliance affidavit.
CONT.CAS(C) 114/2024 Page 12 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
Memorandum F.No.14014/02/2012-Estt(D) dated 16.01.2013. However, the respondent, while filing the "Affidavit of Compliance" dated 07.07.2025 took a complete U-turn and ignored the earlier Office Memorandum F.No. 14014/02/2012-Estt(D) dated 16.01.2013 and proceeded to consider regularization on compassionate appointment on the basis of a recent Office Memorandum F.No. 14014/1/2022-Estt.(D) dated 02.08.2022. On the basis of the aforesaid, it was contended that it is a settled law that the compassionate appointment policy prevalent at the time of the employee's death is applicable and not the subsequent one.
“1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
CONT.CAS(C) 114/2024 Page 13 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
“(i) Issue writ/order or direction in the form of mandamus or any other nature by directing all the respondents to pass appropriate regularization orders, of all the Petitioners, from the date of their first appointment, within one month from the date of the order of this Hon'ble Court,
(ii) Issue writ/order or direction in the form of mandamus or any other nature by directing all the respondents to pass appropriate order for appointing all the petitioners, in the highest stage of pay prescribed for the post occupied by them with effect from the date of their first appointment, and also appointing all the petitioners, in the highest stage of pay of Group 'C’ category, according to the qualification held by them, and also grant the annual increments in that grade, for all these intervening years. Consequently, they shall be paid the differential amounts they are entitled towards the total emoluments they can draw (including dearness allowance and all other allowances), on the basis of what was actually paid to them and what they are entitled to each year, including the increase in pay scales based on recommendations of the seventh pay commission and allowances payable under the amended rules;
(iii) Issue writ/order or direction in the form of mandamus or any other nature by directing all the respondents to pass appropriate order so that, while making payments to the all Petitioners in accordance with the relief claimed by them, all the respondents shall ensure that the lump sum payments shall be appropriately spread out, in accordance with provisions of the Income tax Act, to ensure that deductions are spread out, and minimum tax effect is felt by the all the petitioners and all the respondents shall render every assistance with the income tax authorities in this regard.
(iv). Issue writ/order or direction in the form of mandamus or any other nature by directing all the respondents to pass appropriate order so that, all the benefits such as pension, terminal benefits, leave encashment, gratuity, etc shall be given to all the petitioners;
(v) Pass such other order(s)/direction(s) in the favour of the
CONT.CAS(C) 114/2024 Page 14 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
all petitioners, as this Hon'ble Court may deem fit and proper in the facts and circumstance of the present case and in the interest of justice, equity and fair play;
(vi) Award the cost of this petition to the all the petitioners.”
CONT.CAS(C) 114/2024 Page 15 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
“12. Thus, considering the aforesaid facts and circumstances, this Court is of the considered view that the order dated 24 July, 2023, passed by the Coordinate Bench of this Court, is being complied with, by the respondents in its true letter and spirit.”
“16. After due deliberation and discussion, the BoG has approved that "Compassionate appointment cases of Navyug School Educational Society (NSES) may be considered as per the extant compassionate appointment policy/instructions issued by Department of Personnel and Training, Govt. of India."
CONT.CAS(C) 114/2024 Page 16 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
petition. The submission on behalf of the petitioners with regard to various issues, including the applicability of the policy for regularization on compassionate appointments, cannot be adjudicated by this Court in the present contempt jurisdiction. In the reply filed to the compliance affidavit, the petitioners have also raised issues with regard to the discrimination in the final appointment, vis-à-vis the present petitioners. This issue also cannot be decided in the present jurisdiction. At this stage, it will be appropriate to refer to a judgment of the Hon’ble Supreme Court in J.S. Parhihar v. Ganpat Duggar and Others, (1996) 6 SCC 291 , wherein in paragraph 6, it has been observed and held as under: -
“6. The question then is whether the Division Bench was right in setting aside the direction issued by the learned Single Judge to redraw the seniority list. It is contended by Mr S.K. Jain, the learned counsel appearing for the appellant, that unless the learned Judge goes into the correctness of the decision taken by the Government in preparation of the seniority list in the light of the law laid down by three Benches, the learned Judge cannot come to a conclusion whether or not the respondent had wilfully or deliberately disobeyed the orders of the Court as defined under Section 2( b ) of the Act. Therefore, the learned Single Judge of the High Court necessarily has to go into the merits of that question. We do not find that the contention is well founded. It is seen that, admittedly, the respondents had prepared the seniority list on 2-7-1991. Subsequently promotions came to be made. The question is whether seniority list is open to review in the contempt proceedings to find out whether it is in conformity with the directions issued by the earlier Benches. It is seen that once there is an order passed by the Government on the basis of the directions issued by the court, there arises a fresh cause of action to seek redressal in an appropriate forum. The preparation of the seniority list may be wrong or may be right or may or may not be in conformity with the directions. But that would be a fresh cause of action for the aggrieved party to avail of the opportunity of judicial review. But that cannot be considered to be the wilful violation of the order. After re-exercising the judicial review in contempt proceedings, a fresh direction by the learned Single Judge cannot be given to redraw the seniority list. In
CONT.CAS(C) 114/2024 Page 17 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
other words, the learned Judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. It would not be permissible under Section 12 of the Act. Therefore, the Division Bench has exercised the power under Section 18 of the Rajasthan High Court Ordinance being a judgment or order of the Single Judge; the Division Bench corrected the mistake committed by the learned Single Judge. Therefore, it may not be necessary for the State to file an appeal in this Court against the judgment of the learned Single Judge when the matter was already seized of the Division Bench.”
AMIT SHARMA, J
AUGUST 20, 2025 /sn/dj/ns
CONT.CAS(C) 114/2024 Page 18 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2025 at 11:56:15
2 issues framed by the court
Whether respondents wilfully disobeyed the directions dated 24.07.2023 to dispose of petitioners' representation on compassionate appointment within eight weeks.
Whether grievances about the Screening Committee's compassionate appointment decisions can be adjudicated in contempt jurisdiction.
Colour shows how this judgement treated each authority
J.S. Parhihar v. Ganpat Duggar and OthersApplied¶19
(1996) 6 SCC 291 · Who else cites this
2 provisions across 2 enactments
Manish Tiwari & Ors.
Amit Yadav, Chairperson, NDMC
Navyug School Education Society
Amit Sharma
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
2 orders share this CNR
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