Smt. Vandana Wd/O Gajanan Bhaje And ... vs Mr. Sudhir Shrivastav, Principal ...
2024 Latest Caselaw 24942 Bom

Bombay High Court

Smt. Vandana Wd/O Gajanan Bhaje And ... vs Mr. Sudhir Shrivastav, Principal ... on 28 August, 2024

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

                                                                          1                                      7 cp 175-2023

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                NAGPUR BENCH : NAGPUR

                                         CONTEMPT PETITION NO.175/2023 IN
                                       LETTER PATENT APPEAL NO.97/1997 (D)
                                   Smt. Vandana wd/o Gajanan Bhaje and another Vs.
                      Mr. Sudhir Shrivastav, Principal Secretary, Planning Dept., Mumbai and others
                 ----------------------------------------------------------------------------------------------
                 Office Notes, Office Memoranda of Coram,                                          Court's or Judge's orders
                 appearances, Court's orders of directions
                 and Registrar's orders
                 -------------------------------------------------------------------------------------- --------
                                                     Shri D.V. Mahajan, Advocate for petitioners


                                                     CORAM : AVINASH G. GHAROTE AND
                                                             SMT. M.S. JAWALKAR, JJ..

DATED : 28/08/2024

The petition seeks to punish the respondents for contempt of the judgment dated 09.08.2007 passed in LPA No.97/1997, which has directed the State to consider the case of the petitioner for regularization or absorption as a Mustering Assistants in terms of the Government Resolution as indicated therein(page 21).

2. It is, however, equally a fact that from 2007 till 2023, the petitioners have not done anything at all. There is no explanation of the delay of more than 16 years except for a plea that a representation was made in 2020. The petition has been filed in 2023. All this would indicate that the petitioners have slept over their right, in view of which, we are not satisfied with the reasons given to explain the delay. We, therefore, refuse to issue a notice of contempt. The petition is dismissed.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

Signed by: Mrs. Ranjana Sahare R.S. Sahare Designation: PA To Honourable Judge Date: 28/08/2024 17:18:07