Shamim Bano D/O Abdul Aziz vs Manju Rajpal
2022 Latest Caselaw 423 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Contempt Petition No. 206/2020

Shamim Bano D/o Abdul Aziz, Aged About 43 Years, B/c
Musalman, R/o Village And Post Nasirda, Tehsil Deoli, District
Tonk
                                                                          ----Petitioner
                                        Versus
1.      Manju       Rajpal,         Secretary,          Education         Department,
        Rajasthan Secretariat, Jaipur
2.      Upendra       Kumar           Raina,       District          Education   Officer
        (Secondary) Tonk (Raj)
3.      State Of Rajasthan, Through Its Secretary, Education
        Department, Secretariat, Rajasthan, Jaipur.
                                                                       ----Respondents

For Petitioner(s) : Mr. Mohammed Anees through V.C.

For Respondent(s)             :     Mr. Ganesh Meena, AAG



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                         Order

18/01/2022

Instant contempt petition has been filed alleging non-compliance

of judgment dated 22.07.2019 whereunder the appointment of

petitioner was made effective w.e.f 03.12.1998 instead of her date of

appointment 13.07.2007, and consequently the petitioner was also

entitled for notional pay fixation and seniority w.e.f. 03.12.1998.

Respondents have filed reply and contends that compliance of

judgment dated 22.07.2019 has been made and orders in this regard

dated 16.03.2020, 21.07.2020 and 31.07.2020 have also been placed

on record.

Learned counsel for petitioner does not dispute as far as

compliance of judgment dated 22.07.2019 is concerned, however he

(2 of 2) [CCP-206/2020]

submits that the actual payment of salary from 2007 to 2019 has not

been paid.

Heard learned counsel for both parties.

In the judgment dated 22.07.2019, the consideration before the

Court was with regard to the issue as to from which date the

appointment of petitioner dated 13.07.2007 be given effect. The Court

has held that appointment of petitioner dated 13.07.2007 be treated

effective w.e.f. 03.12.1998 and allowed pay fixation notionally and to

grant seniority to the petitioner accordingly. There was no issue in

relation to payment of salary/arrears for the post period of 2007.

Thus, grievance raised by petitioner is not subject matter of the

present contempt petition and may not be taken into consideration. As

far as judgment dated 22.07.2019 is concerned, compliance as a whole

has been made, therefore, this contempt petition does not survive any

further and accordingly dismissed. Notices are discharged.

Any other pending applications, if any, are also disposed of

(SUDESH BANSAL),J

TN/101

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