Smt. Chanda Jain vs Shri Anupam Rajan
2022 Latest Caselaw 2238 MP

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                   The High Court Of Madhya Pradesh
                            CONC No. 2167 of 2020
                         (SMT. CHANDA JAIN Vs SHRI ANUPAM RAJAN AND OTHERS)

     Gwalior, Dated : 17-02-2022
             Shri Vivek Jain, learned counsel for the petitioner.

             Shri D.S.Raghuvanshi, learned counsel for the respondent No.1.

Shri Siddharth Sharma, learned counsel for the respondents No.3 and 4. Shri Jain points out that the petitioner was denied joining due to the reason of interim order passed by the Division Bench on 16.04.2019 in W.A.No.623/2019 staying the operation of the interim order passed on 06.03.2019 by the learned

Single Judge in W.P.No.29283/2018. However, he has been allowed to join on 10.03.2020 only after dismissal of the Writ Appeal vide judgment dt.04.03.2020.

By the instant Contempt Petition, learned counsel seeks indulgence for payment of salary w.e.f. 10.03.2020 to 31.05.2020 as the Writ Appeal has been dismissed.

As a matter of fact, non joining on the post or non payment of the salary was by virtue of the interim order passed by the Division Bench. No contempt can be said to have been committed.

Contempt Petition accordingly stands dismissed.

Rule nisi stands discharged.

However, if the petitioner is aggrieved for non payment of the salary after dismissal of the Writ Appeal, he is always free to agitate the same before the learned Single Judge in pending writ petition.

          (ROHIT ARYA)                                       (SATISH KUMAR SHARMA)
             JUDGE                                                    JUDGE

     SP

SANJEEV
KUMAR PHANSE
2022.02.21
17:12:47 +05'30'