Rajasthan High Court - Jodhpur
Smt. Uji Devi vs State Of Rajasthan on 2 December, 2021
Bench: Akil Kureshi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Contempt No. 1545/2018
Smt. Uji Devi W/o Shri Jodha Ram, Aged About 40 Years, Caste -
Meghwal, R/o Near Ambedkar Hostel, Jodhpur Road, Ahore,
District- Jalore (Rajasthan) (Hall Cook At Govt. Sc Hostel Ahore,
District- Jalore)
----Petitioner
Versus
1. State Of Rajasthan, Through The Commissioner-Cum-
Secretary, Department Of Social Justice And
Empowerment G-31 Ambedkar Bhawan, Govt. Of
Rajasthan, Jaipur.
2. Krishna Kunal, Ias, The Director, Department Of Social
Justice And Empowerment G-31 Ambedkar Bhawan,govt.
Of Rajasthan, Jaipur.
3. Kartar Singh Meena, The Dy. Director, Department Of
Social Justice And Empowerment District- Jalore
(Rajasthan).
4. Raja Ram Choudhary, The Hostel Superintendent,
Government Sc/st Hostel, Department Of Social Justice
And Empowerment, Ahore, District Jalore, Rajasthan.
----Respondents
For Petitioner(s) Mr. Satya Prakash Sharma
(through video conferencing)
For Respondent(s) Mr. M.S. Singhvi, Advocate General
(through video conferencing) assisted by
Mr. Kartik Singh Lodha
HON'BLE THE CHIEF JUSTICE MR.AKIL KURESHI
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
02/12/2021
This Court had given following directions in the judgment
dated 17.04.2018:
"In view of aforesaid discussion and considering
the above judgments of Hon'ble Apex Court, the
instant appeal is hereby allowed and the orders
impugned dated order dated 05.08.2015 passed
by learned Single Judge in Review Petition
(2 of 2) [WCP-1545/2018]
No.106/2014 and the order dated 07.01.2014
passed in SBCWP No.895/2013 whereby the
learned Single disposed of the writ petition, are
hereby quashed and set aside qua the appellant
and the respondents are directed to consider the
case of the appellant/writ-petitioner for
regularization in accordance with law and grant
regular minimum of the pay scale at least from
the date of judgment of Apex Court in the case
of State of Punjab Vs. Jagjit Singh (supra). The
arrears may be given to the appellant/writ
petitioner within a period of three months from
the date of receipt of certified copy of this
judgment."
The learned Advocate General appearing for the respondents
on the basis of affidavits filed, stated that the petitioner has
already been granted the minimum scale. However, the pay and
allowances are not granted in view of the Supreme Court
judgment in the case of State of Punjab Vs. Jagjit Singh and
others, AIR 2016 SCC 5176. The case of the respondents is that
the petitioner could not be regularized in view of the decision of
the Supreme Court in the case of State of Karnataka vs. Uma
Devi, (2006) 4 SCC 1.
In a contempt petition, we are concerned with compliance of
the directions. Correctness of the decision of the Government is
not in question. We do not find that any case for proceeding
further in the contempt is made out. If the petitioner is aggrieved
by the decision of the Government, it is obviously open for her to
challenge such decision in accordance with law.
(SUDESH BANSAL),J (AKIL KURESHI),CJ
Ashutosh-62
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