Disposed

Shanti Devi Wife of Shri Ramavtar Sahu v. Dr. Samit Sharma

Rajasthan HC10 Nov 2022CCP/663/2022

Case brief

AI extract

What is this about?

This High Court disposed of a contempt petition filed for non-compliance of an order directing regularization of services. The court held that substantial compliance was achieved via an order dated 23.08.2022 and allowed the aggrieved party to approach the appropriate forum of law.

What did the court decide?

Contempt petition stands disposed of. Notices stand discharged. Petitioner aggrieved by order dated 23.08.2022 is at liberty to approach the appropriate forum of law.

Shanti Devi Wife of Shri Ramavtar Sahu Vs Dr. Samit… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Contempt Petition No.663/2022

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S.B. Civil Writ Petition No.9793/2021

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Shanti Devi Wife Of Shri Ramavtar Sahu, Aged About 40 Years, Resident Of Indra Colony, Near Dr. Tripathi, Tonk At Present Working Fourth Class Employee, Sr. Sec. Residential School, Wazirpura, Tonk, Rajasthan.

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----Petitioner

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Versus

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Dr. Samit Sharma, Secretary, Social Justice And Empowerment Department, Secretariat, Jaipur.

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Shri O.P. Bunkar, Director, Social Justice And Empowerment Department, 22 Godam Ke Pass, Jaipur.

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State Of Rajasthan, Through Social Justice And Empowerment Department, Secretariat, Jaipur.

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----Respondents

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For Petitioner(s) : Ms. Nidhi Sharma, Advocate for Mr. Kailash Chander Sharma, Advocate For Respondent(s) : Mr. Srijana Shreshth, Advocate for Mr. C.L. Saini, Additional Advocate General

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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10/11/2022

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Instant contempt petition has been filed for compliance of the order dated 17.02.2022 passed by this Court.

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Learned counsel for the petitioner submits that the writ petition was decided by this Court in the light of S.B. Civil Writ Petition No.20132/2019, Nandkishore Versus State of

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(2 of 3)

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[CCP-663/2022]

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Rajasthan & Others and other connected matters and the same petition was disposed of with the following directions:-

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“(i) the petitioners shall be entitled for minimum of the pay scale of the post of cook/mess helper from today.

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(ii) the petitioners shall be at liberty to make a representation for regularization of their services in the light of judgment dated 10.11.2021 passed by a Division Bench of this Court in case of State of Rajasthan(supra).

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If such a representation is made, the respondents shall pass a reasoned order thereupon within a period of ten weeks from the date of its receipt with its intimation to the petitioners.

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The pending applications stand disposed of accordingly.”

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Learned counsel for the petitioner submits that the compliance of direction no.1 has been done by the respondents and payment of minimum pay scale for the post of cook/mess helper has been done but the compliance of direction no.2 has not been done.

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Per contra , learned counsel for the respondents submits that the direction was issued by this Court to decide the representation and the claim of the petitioner for regularization of service has been rejected. Learned counsel submits that the representation has been decided, hence the compliance has been done.

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This Court is of the view that the substantial compliance of the order dated 17.02.2022 has already been done by the respondents vide order dated 23.08.2022. If the petitioner is aggrieved by the order dated 23.08.2022, the petitioner would be at liberty to assail the same before the appropriate forum of law.

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(3 of 3)

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[CCP-663/2022]

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With the aforesaid observations, the contempt petition

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stands disposed of.

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Notices stand discharged.

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(ANOOP KUMAR DHAND),J

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Karan/34

Shanti Devi Wife of Shri Ramavtar Sahu v. Dr. Samit Sharma

Case brief

What is this about?

What did the court decide?

Shanti Devi Wife of Shri Ramavtar Sahu v. Dr. Samit Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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