The Court dismissed a contempt petition alleging non-compliance with a 2011 order regarding regularization. The respondent submitted that the petitioner was ineligible for regularization due to willful absence since 1992 and abandonment of job, so the order was complied with.
Contempt petition dismissed and notices discharged.
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S.B. CIVIL CONTEMPT PETITION NO.218/2012
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R IN S.B. CIVIL CONTEMPT PETITION NO.218/2012 IN S.B. CIVIL WRIT PETITION NO.2010/2009 (Safeeq Ahmed Vs. Smt. Aparna Arora & Anr.)
Date of Order : 02.09.2014
HON'BLE MR. JUSTICE ALOK SHARMA
None present for the petitioner. Mr. Lalaram Meena, for the respondents. BY THE COURT
Non-compliance of the order dated 13.09.2011, passed by this Court has been alleged in this contempt petition. Therein this Court had directed that the case of the petitioner should be considered as per the circular dated 19.04.2011 within a period of four months from the date of receipt of the certified copy of the court's order. It was however clarified that if any of the petitioners were not found entitled for regularization or regular pay scale, such candidates would be informed by a speaking order.
Reply to the contempt petition has been filed. It has been submitted that after obtaining the copy of the order of this Court, the case of the petitioner was sent to the Panchayati Raj Department by the Zila Parishad. On the examination of the petitioner's case, he was not found eligible as the District Establishment Committee in its meeting of 05.10.2012 found that the petitioner had remained willfully absent since 01.07.1992
S.B. CIVIL CONTEMPT PETITION NO.218/2012
(2)
without any information and thus abandoned his job. He had only filed the writ petition about 17 years later before this Court in the year 2009 where unfortunately the factum of the petitioner not being in service at the relevant time could not be brought to the notice of the Hon'ble Court. The decision dated 08.10.2012 taken by the District Establishment Committee was conveyed to the petitioner. It has been submitted that the petitioner not being in service of the Zila Parishad, Sawai Madhopur, there is no question of payment of regular salary to him.
In view of the reply to the contempt petition, in my considered opinion, compliance with the order dated 13.09.2011, passed by this Court has been made. If the petitioner is aggrieved of the order dated 08.10.2012, he would be free to challenge it, if advised, in accordance with law.
Contempt petition is dismissed. Notices discharged.
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.
3 issues framed by the court
Whether the non-compliance with the order dated 13.09.2011 was established to sustain the contempt proceedings.
Whether the petitioner is entitled to regularization or regular pay scale considering his willful absence.
Whether the petitioner can challenge the District Establishment Committee's order dated 08.10.2012.
Safeeq Ahmed
Smt. Aparna Arora & Anr.
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
