The Court found that the petitioner's services had been regularized and the minimum pay scale for a Class IV employee was paid with arrears up to September 2013. Consequently, the contempt petition was closed and the notice discharged.
Contempt petition closed and contempt notice issued to the opposite party is hereby discharged.
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CLCON No. 180 of 2014
Hon’ble Manoj K. Tiwari, J.
There is no representation for the petitioner.
Mr. Pradeep Hariya, Standing Counsel for the State of Uttarakhand.
Writ Petition (S/S) No. 932 of 2011 filed by the petitioner was disposed of by Writ Court vide order dated 07.09.2012 in terms of the judgment rendered in the case of Uttaranchal Van Shramik Sangh and others Vs. State of Uttarakhand (WPSS No. 1392 of 2011). WPSS No. 1392 of 2011 was disposed of in terms of the judgment rendered in WPSS No. 300 of 2011 “Atol Singh Vs. State of Uttarakhand”. WPSS No. 300 of 2011 was allowed by a co-ordinate Bench of this Court vide judgment dated 15.06.2012. Operative portion of the said judgment is extracted below:
“Accordingly, the writ petition is allowed. The impugned order dated 5th July, 2010 is quashed and a writ of mandamus is issued commanding the respondents to pay the minimum of pay scale to the petitioner as per the letter of respondent No.2 dated 9th November, 2009. Arrears, if any, should be paid within three months from the date of the production of a certified copy of the order.”
In this Contempt Petition, petitioner has alleged that direction issued by this Court has not been complied with by the opposite party.
A counter affidavit has been filed by Mr. Paramjeet Singh, Chief Conservator of Forest, Kumaon, Nainital. The stand taken in the counter affidavit is that petitioner was earlier serving as part-time Sweeper and she was
performing duties only 2 to 2.5 hours on each working day and she was, accordingly, paid wages as a part-time employee. It is further stated that her status was subsequently upgraded to that of a full-time employee from February, 2010 and she was paid minimum of pay scale admissible for Class IV employees. Paragraph 9 of the said counter affidavit is reproduced below:
“ 9. That the petitioner worked as a fulltime labour from February 2010 and was paid wages of minimum pay scale of Class IV employee Rs. 5200/= per month, along with back arrear till the date 03-09-2013 of the regularization of the petitioner on the post of IV Class employee (Chaukidar). The copy of the letter dated 06-10-2009 of the Chief Conservator of Forest Kumaon, letter dated 11-11-2009 of the Principal Chief Conservator Of Forest and office note sheet of the office of the Chief Conservator of Forest, Kumaun dated 15-02-2010 are enclosed collectively as Annexure No. 3 to the Counter Affidavit.”
From the stand taken by Chief Conservator of Forest Kumaon, Nainital, it is apparent that petitioner’s services have now been regularized on the post of Chaukidar.
In such view of the matter, nothing survives in this Contempt Petition.
Accordingly, Contempt Petition is closed. Contempt notice issued to opposite party is herby discharged.
(Manoj K. Tiwari, J.) Arpan 11.09.2019
2 issues framed by the court
Whether the direction of this Court in the earlier writ petition was complied with by the respondent.
Whether the petitioner's services were regularized and minimum pay scale was paid.
Petitioner
State of Uttarakhand
Paramjeet Singh
Manoj K. Tiwari
As recorded by the court registry
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