Kamla Kant Choubey Vs the State of Jharkhand

The present interlocutory application has been filed on behalf of the opposite party no.2 seeking exemption from his personal appearance in terms with the order dated 15^th December, 2023 passed in the present contempt case.

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Mr. Ravi Anand, Deputy Development Commissioner, Palamau is, however, physically present before this Court today on behalf of the opposite party no.2.

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Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the opposite party no.2 is exempted from his personal appearance.

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I.A. No.272 of 2024 is, accordingly, disposed of.

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Cont. Case (Civil) No.48 of 2021:

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The present contempt case has been filed for initiating a contempt proceeding against the opposite parties for their wilful and deliberate violation of the order dated 25^th July, 2019 passed in W.P.(S) No.2043 of 2016.

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Mr. Rajiv Ranjan, learned Advocate General appearing on behalf of the opposite party no.2 refers to the order as

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contained in memo no.156 dated 5^th March, 2021 passed by the opposite party no.2 (Annexure-A to the show cause affidavit dated 3^rd April, 2021) and submits that pursuant to the aforesaid order of this Court dated 25^th July, 2019, the petitioner’s claim for grant of pension during the period he worked as daily wager has not been found admissible. Accordingly, the said claim of the petitioner has been rejected. 7. Learned Advocate General also refers to paragraph nos.8 and 9 of the said show cause affidavit, which read as under:-

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“8. That it is humbly stated and submitted that this Hon’ble Court has been pleased to direct to count the period which he has worked before the date of appointment for the benefits of pension, if such similarly situated persons has been granted such relief.

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9. That it is humbly stated and submitted that no such similarly situated person has been granted such relief and no instruction from State Government has been received to grant such relief to such similarly situated persons as that of the petitioner.”

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It was observed in the order dated 25^th July, 2019 passed in W.P.(S) No.2043 of 2016 that since the petitioner was appointed on the post of Anusewak under the respondents, his earlier services was to be counted notionally for the pensionary benefits only, if other similarly situated persons had been given the same benefit.

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Since it has been specifically stated in paragraph no.9 of the show cause affidavit dated 3^rd April, 2021 that no such similarly situated person has been granted such relief and there is no instruction from the State Government to grant such relief to

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the similarly situated person as that of the petitioner, this Court is of the view that while passing the said reasoned order, the opposite party no.2 has not committed any contempt of Court. Accordingly, the contempt proceeding as against the opposite party no.2 is hereby dropped.

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The present contempt case stands disposed of.

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If the petitioner feels aggrieved with the reasoned order as contained in memo no.156 dated 5^th March, 2021 or any such similar order passed by the opposite party no.2 or any other authority, he is at liberty to take appropriate recourse against the same as permissible under law.

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(Rajesh Shankar, J.)

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Sanjay/

Kamla Kant Choubey v. the State of Jharkhand

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Kamla Kant Choubey v. the State of Jharkhand

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