Ram Bihari & Ors. vs Sunil Pandey,Prin.Chief ...
2021 Latest Caselaw 2001 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- CONTEMPT No. - 270 of 2021
 

 
Applicant :- Ram Bihari & Ors.
 
Opposite Party :- Sunil Pandey,Prin.Chief Conservator Of Forest.Cum-H.O.D.&Ors
 
Counsel for Applicant :- Mohd. Ali,Ankit Mishra
 

 
Hon'ble Abdul Moin,J.

Heard.

Present petition has been filed alleging non-compliance of the judgment and order dated 18.12.2019 passed by the writ Court whereby respondent no.3 was directed to pass appropriate orders on the basis of select list dated 04.08.2018 within a period of two months. It is contended that the service of the order was made on respondents on 26.12.2019. Subsequent thereto, the respondents proceeded to pass an order dated 25.02.2020, a copy of which is Annexure-2 to the contempt petition, whereby it has been contended that sufficient vacancies are not available and consequently whenever posts are available or whenever supernumerary posts are created then the case of the petitioners shall be considered.

Learned counsel for the petitioners contends that despite existence of sufficient number of vacancies with the respondents they are not proceeding to issue appointment orders and non-issuance of appointment orders has to be treated as contempt of the Court.

Having heard learned counsel for the petitioners and having perused the records, what is apparent is that the order of the writ Court was for the respondents to pass appropriate orders. The respondents have proceeded to pass an order dated 25.02.2020 by contending that whenever the vacancies are available or supernumerary posts are created the case of the petitioners shall be considered. The mere fact that vacancies are existing would not depart from the fact that the order of the writ Court was for passing an appropriate order and respondents have proceeded to pass an order with regard to the case of the petitioners. In case the petitioners are aggrieved by the said order then it is always open to them to challenge the said order before appropriate Court in appropriate proceedings and it cannot be said that there is deliberate and willful defiance of the order passed by the writ Court. [See: Rama Narang vs. Ramesh Narang and others passed in Contempt Petition (Civil) No.92 of 2008]

Accordingly, the contempt petition is dismissed.

Order Date :- 3.2.2021

A. Katiyar