Chandra Prakash S/O Shri Laxman Ram Vs Shri Anand Kumar — Rajasthan HC (2025) — LawSathi Research

Chandra Prakash S/O Shri Laxman Ram Vs Shri Anand Kumar — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition disposed of treating the respondents' actions as substantial compliance; petitioner at liberty to seek revival of the contempt petition if the formal promotion order and consequential benefits directed by the Tribunal are not issued within four weeks; notices discharged.

Issue for consideration

Whether the respondents-contemnors have complied (substantially or otherwise) with the order dated 21.07.2023 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.5871/2021 directing promotion of the petitioner to the post of RPS (Junior Scale) against the vacancy of the year 2013-14.

Court's answer

In view of the steps taken by the respondents (creation of the shadow post by the Finance Department, the letters dated 04.09.2025 and 09.09.2025 taken on record, and the assurance to issue the promotion order within four weeks), the Court treated the matter as substantial compliance by the respondents and disposed of the contempt petition.

Ratio / Principle

The petitioner was granted liberty to make an application for revival of the contempt petition if the order of formal promotion and consequential benefits directed by the learned Tribunal is not issued within a period of four weeks.

Key takeaways

Notices issued to the respondents shall stand discharged.ratio¶26

Detailed headnote1 paragraphs

Contempt of court — alleged non-compliance of order dated 21.07.2023 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.5871/2021, whereby the petitioner's appeal was allowed and the respondent-Department directed to accord him promotion on the post of RPS (Junior Scale) against the vacancy of the year 2013-14. During proceedings, the Department of Finance vide order dated 04.09.2025 created a shadow post of RPS (Junior Scale) for the petitioner's promotion, and the Additional Advocate General placed on record a letter dated 09.09.2025 with a review note of the Director General of Police, assuring issuance of the promotion order within four weeks. Held: the conduct amounted to substantial compliance; contempt petition disposed of, with liberty to the petitioner to seek revival if the formal promotion order and consequential benefits are not issued within four weeks; notices discharged.

[2025:RJ-JP:36735]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Contempt Petition No. 1253/2023

Chandra Prakash S/o Shri Laxman Ram, Aged About 46 Years, R/o B-148, Chhatra Chhaya Apartment, Flat No. 403, Mangal Marg, Bapu Nagar Jaipur

----Petitioner

Versus

Shri Anand Kumar, Principal Secretary, Home Department, Government Secretariat, Jaipur

Shri Umesh Mishra, Director General Of Police, Rajasthan, Jaipur

----Respondents

For Petitioner(s)	: Mr. Ashish Sharma with Mr. Pushpendra Singh Rana
For Respondent(s)	: Mr. Bhuwnesh Sharma, AAG with Ms. Almas Khanam & Ms. Kavita
	Sharma

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

10/09/2025

This contempt petition has been filed by the petitioner alleging non-compliance of the order dated 21.07.2023 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.5871/2021.

By the order dated 21.07.2023, the learned Tribunal has allowed the appeal of the petitioner-appellant and directed the respondent-Department to accord promotion to the petitioner on the post of RPS (Junior Scale) against the vacancy of the year 2013-14.

Mr. Bhuwnesh Sharma, learned Additional Advocate General appearing for the respondents-contemnors submits that so as to

[2025:RJ-JP:36735]

[CCP-1253/2023]

(2 of 2)

make compliance of the order issued by the learned Tribunal and to accord promotion to the petitioner on the post of RPS (Junior Scale) against the vacancy of the year 2013-14, the Department of Finance vide its order dated 04.09.2025 has created a shadow post of RPS (Junior Scale) so as to give promotion to the petitioner against the vacancy of the year 2013-14.

Learned Additional Advocate General has placed before this Court the letter dated 09.09.2025 alongwith review note issued by the Director General of Police so as to allow promotion to the petitioner on the post of RPS (Junior Scale) against the vacancy of the year 2013-14.

The letters dated 04.09.2025 and 09.09.2025 are also taken on record.

Learned Additional Advocate General assures this Court that necessary order of promotion of the petitioner would be issued within a period of four weeks.

In view of the aforesaid facts, the present contempt petition is disposed of treating to be substantial compliance by the respondents.

However, the petitioner would be at liberty to make an application for revival of the contempt petition if order of formal promotion and consequential benefits is directed by the learned Tribunal is not issued within a period of four weeks.

Notices shall stand discharged.

(GANESH RAM MEENA),J

Ashish Kumar /120