Shrawan Kumar Chandrawal vs Naresh Pal Gangwal And Ors
2022 Latest Caselaw 272 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Contempt Petition No. 792/2017

Shrawan Kumar Chandrawal S/o Late Shri Gopal Lal Chandrawal,
R/o Village And Post Gudachandra Ji, Tehsil Nadoti, District
Karauli Raj.
                                                                    ----Petitioner
                                    Versus
1.     Naresh Pal Gangwar, Principal Secretary, Chief Secretary
       Administration,           School          Education,         Government
       Secretariat, Jaipur Raj.
2.     Hanumant        Singh         Bhati,       Director,       Literacy   And
       Continuation Education, Rajasthan, Dr. S. Radhakrishnan
       Shiksha Sankul, Block 5Th, First Floor, Jawahar Lal Nehru
       Marg, Jaipur Raj.
3.     Usha       Sharma,       Additional         Director,      Literacy   And
       Continuation Eudcation, Rajasthan, Dr. S. Radhakrishnan
       Shiksha Sankul, Block 5Th, First Floor, Jawahar Lal Nehru
       Marg, Jaipur Raj.
4.     State Of Rajasthan Through Its Chief Secretary, Govt.
       Secretariat, Jaipur Raj.
                                                                 ----Respondents

For Petitioner(s) : Mr. Sandeep Kumar Sharma through VC For Respondent(s) : Mr. C L Saini, AAG through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/01/2022

For the reasons mentioned in the application for early listing,

the same is allowed. With the consent of both the counsel matter

is heard today.

This contempt petition has been filed by petitioner alleging

non-compliance of the order dated 11.12.2015, whereunder

(2 of 3) [CCP-792/2017]

respondents were required to decide the representation involving

the issue as to whether petitioner is entitled for grant of pay scale

of Rs.10,000-15,200, instead of pay scale of Rs.9000-14,400,

after giving appointment on the post of District Literacy and

Constant Education Officer. Learned counsel for petitioner submits

that a representation has submitted by petitioner immediately and

which was required to be decided within a period of two months

but respondents have decided representation, after filing of

contempt petition vide order dated 14.02.2018. Learned counsel

for petitioner submits that respondents have not only committed

delay in deciding representation but also has wrongly declined to

grant pay scale of Rs.10,000-15,200 to petitioner as such

respondents be held guilty for committing disobedience of order

dated 11.12.2015 and be punished suitably.

Learned counsel for respondents has submitted reply

contending therein that petitioner was working as Principal in

Secondary Education Department and his services were being

governed under the provisions of Rajasthan Education Service

Rules, 1970 and for such post he is entitled only to get pay scale

of Rs.9000-14,400 and not pay scale of Rs.10,000-15,200. In the

advertisement and posting order through which services of

petitioner were taken as District Literacy and Continuing Education

Officer, pay scale of Rs.10,000-325-15,200 was mentioned by

mistake and the petitioner was not entitled for such pay scale,

therefore, same has been declined to the petitioner by reasoned

and speaking order dated 14.02.2018.

Learned counsel for respondents submits that delay in

deciding the representation occurred due to procedural lapses,

which may be condoned and they seek apology for same.

(3 of 3) [CCP-792/2017]

Copy of order dated 14.02.2018 has been placed on record.

After hearing learned counsel for both parties, it is not in

dispute that representation of petitioner has been decided by

respondents vide order dated 14.02.2018, therefore, it is no

longer in issue that order dated 11.12.2015 has not been

complied with. The issue only remains as to whether order dated

14.02.2018, passed in compliance of directions passed by this

Court is correct or not. It is not a subject matter of dispute in the

present contempt proceedings.

This Court finds support by the judgment of Supreme Court

passed in case of State of Uttar Pradesh Vs. A.K. Earth

Movers & Ors.(2017 13 SCC 339).

As far as delay in deciding representation is concerned, same

is condoned in view of the apology submitted by respondents.

With aforesaid observations, this contempt petition does not

survive further and the same is accordingly dismissed. Notices of

contempt stands discharged.

(SUDESH BANSAL),J

NITIN /97

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