Dr. Sudhakar Dwivedi vs Vrs
2022 Latest Caselaw 3059 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cont. Case (Civil) No. 830 of 2019

      Dr. Sudhakar Dwivedi                                    ............ Petitioner
                                        Vrs.
      The State of Jharkhand & Ors.                            .......... Opposite Parties
                            .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH

For the Petitioner : Mr. Anand Kr. Pandey, Advocate For the O.P. : Mr. Ashutosh Anand, A.A.G.-III Mr. Sharad Kaushal, A.C. to A.A.G.-III

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11/05.08.2022 Reference is made to the order dated 29th October 2021 which reads as under :-

"Learned counsel for the petitioner has vehemently submitted that the case of the petitioner has been rejected on the ground that he attained superannuation at the age of 60 years on 31st January 2020 vide the reasoned order bearing memo no.1223 dated 28th July 2021 passed by the Director, Secondary Education, though the judgment under offence is dated 29th January 2019 and the petitioner was very much in service till one year thereafter. Otherwise, the petitioner is fully entitled to be granted the benefit of appointment as a regular headmaster.

Learned counsel for the State is not in a position to explain the long delay in passing the reasoned order which in effect has frustrated the case of the petitioner and also the purport of the judgment under offence. However, he seeks one indulgence to deliberate with the concerned officials of the Department.

As prayed for, list this case on 10th December 2021."

Till date neither the order dated 28th July 2021 has been recalled nor the order passed in the writ petition has been complied with. Prima-facie the opposite parties appear to be in contempt of the order of the Writ Court.

Learned A.A.G.-III appearing for the opposite parties seeks three weeks' time to enable the parties to comply with the order and purge themselves.

Post the matter on 2nd September 2022. If the order is not complied with in letter and spirit by that date, the opposite parties shall be called to appear in person and explain as to why contempt proceedings be not initiated against them.

(Aparesh Kumar Singh, J) Shamim/