This court disposed of a civil contempt petition alleging non-compliance with an interim order regarding absorption into government service. The Court found no contempt as petitioners did not qualify as employees of an aided institution at the relevant time.
Contempt petition dismissed; notices.
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S.B. CIVIL CONTEMPT PETITION NO.895/2011
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R
S.B. CIVIL CONTEMPT PETITION NO.895/2011
IN S.B. CIVIL WRIT PETITION NO.1878/2011 (Radha Kishan & Ors. Vs. Sh. Ahok Sampatram & Ors.)
Date of Order : 03.09.2014
HON'BLE MR. JUSTICE ALOK SHARMA
None present for the petitioners. Mr. Kedar Nath, ALR, Legal with Mr. Gauri Shankar, Addl. BEEO, for the respondents. BY THE COURT
Non-compliance of the interim order dated 08.04.2011, passed by this Court has been alleged in this contempt petition. Thereunder this Court had directed that the applications of the petitioners for absorption into government service be considered in accordance with the Rajasthan Voluntary Rural Education Service Rules, 2010 (hereinafter 'the Rules of 2010').
Reply to the contempt petition has been filed. It has been submitted that as directed by this Court, the applications submitted by the petitioners were considered on the basis of record and provisions of the Rule of 2010. It has been submitted that Rules of 2010 effective 01.02.2011 were made applicable to employees only of Aided Institutions which were in existence on the date of coming into force of the Rules of 2010. The Rules in issue have a prescribed procedure by which applications for absorption of “employees” of Aided Institution have to be processed. It has been submitted that the petitioners had worked from 30.08.1988 to
S.B. CIVIL CONTEMPT PETITION NO.895/2011
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10.07.1993 in the school run by Shri Khandelwal Shikshan Samiti, Rajgarh and their services were terminated by the Institution on 10.07.1993 and in fact no salary paid to the petitioners by the Institution effective December, 1992. The petitioners were thus not working against any sanctioned or aided post. It has been submitted that in fact the school run by Shri Khandelwal Shikshan Samiti, Rajgarh is lying closed prior to the enforcement of the Rules of 2010 and in any event no grant was being given to the Institution at the relevant time. It has also been submitted that in the facts obtaining, the petitioners were not employee of a recognized non-government aided educational institution working against aided and sanctioned post. In the circumstances, the petitioners' representation was rejected by a reasoned and speaking order dated 02.04.2012. A copy thereof has been annexed to the reply to the contempt petition as Annexure-R/1.
Having considered the reply to the contempt petition and the facts on record, in my considered opinion, no contempt as alleged of the interim order dated 08.04.2011 passed by this Court can be made out.
The contempt petition is without force.
Dismissed. Notices discharged.
(ALOK SHARMA), J
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.
2 issues framed by the court
Whether the failure of petitioners to avail absorption into government service amounts to contempt of the interim order.
Whether the petitioners were employees of a recognized non-government aided educational institution working against aided and sanctioned post.
1 provisions across 1 enactments
Radha Kishan & Ors.
Sh. Ahok Sampatram & Ors.
ALOK SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
