Bajrang Singh Rathore and Ors. v. Prem Singh Mehra and Ors.
Case brief
What is this about?
This contempt petition alleged disobedience of a prior writ order concerning selection grades. The court held that arrears were substantially paid, leaving only a grievance about interest, and discontinued the contempt proceedings.
What did the court decide?
The contempt proceedings are dropped and the notices are discharged.
What the court decided
1
Bajrang Singh Rathore & Ors. Vs. Prem Singh Mehra & Ors. (S. B. CIVIL CONTEMPT PETITION NO.602/14)
Date of Order : 13.8.15
HON'BLE MR. JUSTICE SANGEET LODHA
Mr. S.L. Sukhwal, for the petitioners. Mr. B.D. Sharma, Deputy Government Counsel, for the respondents-contemnors.
This contempt petition has been filed by the petitioners alleging disobedience of the order dated 24.5.05 passed by this Court in S.B. Civil Writ Petition No.1841/99. The operative portion of the order reads as under :
“Thus, after issuance of the impugned notification dtd. 3.9.1998 (Annex.7) and circular dtd. 12.10.1998 with retrospective effect, the secured and vested rights of the petitioners have been taken away as when the petitioners were granted the first selection grade, they were eligible for promotion to the post of Assistant Agriculture Officers. A benefit that has accrued to the petitioner under the existing Rules cannot be taken away by an amendment with retrospective effect and no statutory rule or administrative order can whittle down or destroy any right which has become crystallized and no rule can be framed under the Proviso to Article 309 of the Constitution of India which affects or impairs the vested rights. The act of the respondents in issuing impugned notifications retrospectively which have the effect of taking away the benefit already available to
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Issues for consideration
2 issues framed by the court
Whether the claim for interest on arrears constitutes disobedience of the earlier judicial order warranting contempt proceedings.
Whether the contempt petition should proceed when the alleged non-compliance was mental or merely a grievance regarding interest payment.
Parties & counsel
- petitioner
Bajrang Singh Rathore & Ors.
- respondent
Prem Singh Mehra & Ors.
Coram
Sangeet Lodha
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- WCP/602/2014
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