Jharkhand High Court
Mr. Shresth Gautam vs Unknown on 11 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (C). No. 13 of 2018
with
Cont. Case (C). No. 946 of 2017
with
Cont. Case (C). No. 950 of 2017
with
Cont. Case (C). No. 14 of 2018
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK
For the Petitioners : Mr. Shresth Gautam, Advocate
For the Opp. Parties : Mr. Rohit, AC to AAG
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22/ 11.08.2023 It has been submitted by learned counsel for the petitioners
that order of this Court dated 09.08.2017 passed in W.P.(S) No.1957 of
2015 has not yet been complied with in its true letter and spirit.
However, on several occasions, adjournments were sought
for by the opposite parties for compliance of the aforesaid order of this
Court.
Pursuant to order dated 01.03.2019, the Director, Higher
Education was physically present in the Court who gave an undertaking
that steps are being taken for compliance of the Court's order. It was
submitted by him that matter has been sent to the concerned Minister for
approval and as soon as proposal is approved, the order of the Court shall
be complied with in its true letter and spirit.
On the aforesaid candid submission of the Director, Higher
Education, the matter was adjourned for 14 weeks. Thereafter, instead of
compliance, the opposite parties have rejected the claim of petitioners on
the ground that the order of regularization is not in consonance with law
and rules and therefore, the petitioners are not entitled for any benefits.
It has been pointed-out by learned counsel for the petitioners
that order of regularization was issued in view of notification dated
12.01.2007 issued by the Vice Chancellor of the Ranchi University, who
had been pleased to regularize the service of non-teaching staff of KCCB
College, Bero in view of judgment passed by the Hon'ble Apex Court in
Civil Appeal No. 6098 of 1997.
It appears that the opposite parties want to dupe the Court
inasmuch as at one occasion submission was made by them for
compliance of the order whereupon having full faith on the fair
submission of the opposite parties, this Court had granted 14 weeks' time
to the State for compliance. But, thereafter, a 'U' turn was taken by the
opposite parties and instead of complying the said order, they are now
questioning the genuineness of the regularization of the petitioners which
has been done in view of the order passed by the Hon'ble Apex Court.
At this juncture, whether it is open for the opposite parties
to question the genuineness of the regularization of the petitioners that
too without throwing any challenge to the said notification and the order
passed by the Hon'ble Apex Court, which amounts to gross misconduct.
Under such circumstances, this Court directs the Director,
Higher Education, Human Resources Development Department, Govt. of
Jharkhand, to remain physically present in the Court on the next date of
hearing to explain as to why not a contempt proceeding be initiated
against him for flouting the order of the Court wilfully and deliberately.
List these cases on 01.09.2023.
(Dr. S. N. Pathak, J.)
Kunal
