Omprakash Marwaha vs Shri Pramod Agrawal
2022 Latest Caselaw 3397 MP

                                                             1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 10th OF MARCH, 2022

                                     CONTEMPT PETITION CIVIL No. 2201 of 2017

                                  Between:-
                                  OMPRAKASH     MARWAHA     S/O  SHRI   K.N.
                                  MARWAHA ,      AGED   ABOUT    59  YEARS,
                                  OCCUPATION: FIELD ASSISTANT PUBLIC WORKS
                                  DEPARTMENT J/8, TEJ APARTMENT ADARSH
                                  NAGAR NARMADA ROAD TEHSIL AND DISTRICT
                                  JABALPUR (MADHYA PRADESH)

                                                                                              .....PETITIONER
                                  (NONE)

                                  AND

                      1.          SHRI PRAMOD AGRAWAL THE PRINCIPAL
                                  SECRETARY PUBLIC WORKS DEPARTMENT
                                  VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                      2.          DINESH KUMAR KAURAV THE EXECUTIVE
                                  ENGINEER      BRIDGE     PUBLIC   WORKS
                                  D EPARTM EN T DIVISION JABALPUR (MADHYA
                                  PRADESH)

                                                                                           .....RESPONDENTS
                                  (BY ASHISH ANAND BARNARD, ADVOCATE & MR. LOKESH JAIN)

                            This petition has come up for hearing on this day. The court passed the

                      following:
                                                              ORDER

Proxy counsel appearing for petitioner makes a prayer that matter may be adjourned.

On going through Vakalatnama , it is found that Vakalatnama has been signed by three advocates. If one counsel is not appearing, then other two counsel can appear and argue the case. In view of same request made by proxy counsel is diclined.

Petitioner has filed this petition making a prayer to initiate contempt proceedings against the respondent for non-compliance of Court order dated 05.07.2016.

In W.P.No.13125/2015, this Court issued following directions :

Signature
 SAN      Not
Verified                            "However, learned Panel Lawyer contends that the State indents to test the
Digitally signed by        legality and validity of the order passed by Division Bench (supra) before Hon'ble the
NEETI TIWARI
Date: 2022.03.11
17:36:35 IST

Apex Court. Admittedly, as on date, no such proceedings are pending before the Apex Court and hence this Court is bound by the judgment rendered by the Division Bench. Accordingly petitioner is held entitled for the benefits flowing from the judgment rendered in the case of Tejulal Yadav (supra) and the mandates contained therein shall apply to the petitioner mutatis mutandis."

In reply, compliance report has been filed by respondent. It has been stated therein that petitioner has relied on circular of State Govt. dated 21.09.2016 and on

basis of said circular, he may be granted 1 st, 2nd & 3rd Time Scale of Pay. In compliance of order passed by this Court, petitioner has been granted benefit of

2nd Time Pay Scale w.e.f. 01.01.2016 & 3 rd Time Pay Scale from 02.03.2016. In view of same, it is submitted that order passed by this Court has been complied with.

Considering facts and circumstances of the case, contempt petition is disposed off with liberty to petitioner to file fresh writ petition, if he has some remaining grievances in the matter.

                                                                                              (VISHAL DHAGAT)
                                                                                                   JUDGE
                      nd




Signature
 SAN      Not
Verified

Digitally signed by
NEETI TIWARI
Date: 2022.03.11
17:36:35 IST