Shanti Devi Wife Of Shri Ramavtar ... vs Dr. Samit Sharma
2022 Latest Caselaw 7152 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Contempt Petition No.663/2022

                                          In

                S.B. Civil Writ Petition No.9793/2021

Shanti Devi Wife Of Shri Ramavtar Sahu, Aged About 40 Years,
Resident Of Indra Colony, Near Dr. Tripathi, Tonk At Present
Working Fourth Class Employee, Sr. Sec. Residential School,
Wazirpura, Tonk, Rajasthan.
                                                                        ----Petitioner
                                      Versus
1.     Dr.    Samit      Sharma,          Secretary,        Social     Justice   And
       Empowerment Department, Secretariat, Jaipur.
2.     Shri     O.P.      Bunkar,         Director,        Social      Justice   And
       Empowerment Department, 22 Godam Ke Pass, Jaipur.
3.     State    Of      Rajasthan,          Through         Social     Justice   And
       Empowerment Department, Secretariat, Jaipur.
                                                                     ----Respondents

For Petitioner(s) : Ms. Nidhi Sharma, Advocate for Mr. Kailash Chander Sharma, Advocate For Respondent(s) : Mr. Srijana Shreshth, Advocate for Mr. C.L. Saini, Additional Advocate General

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

10/11/2022

Instant contempt petition has been filed for compliance of

the order dated 17.02.2022 passed by this Court.

Learned counsel for the petitioner submits that the writ

petition was decided by this Court in the light of S.B. Civil Writ

Petition No.20132/2019, Nandkishore Versus State of

(2 of 3) [CCP-663/2022]

Rajasthan & Others and other connected matters and the same

petition was disposed of with the following directions:-

"(i) the petitioners shall be entitled for minimum of the pay scale of the post of cook/mess helper from today.

(ii) the petitioners shall be at liberty to make a representation for regularization of their services in the light of judgment dated 10.11.2021 passed by a Division Bench of this Court in case of State of Rajasthan(supra).

If such a representation is made, the respondents shall pass a reasoned order thereupon within a period of ten weeks from the date of its receipt with its intimation to the petitioners.

The pending applications stand disposed of accordingly."

Learned counsel for the petitioner submits that the

compliance of direction no.1 has been done by the respondents

and payment of minimum pay scale for the post of cook/mess

helper has been done but the compliance of direction no.2 has not

been done.

Per contra, learned counsel for the respondents submits that

the direction was issued by this Court to decide the representation

and the claim of the petitioner for regularization of service has

been rejected. Learned counsel submits that the representation

has been decided, hence the compliance has been done.

This Court is of the view that the substantial compliance of

the order dated 17.02.2022 has already been done by the

respondents vide order dated 23.08.2022. If the petitioner is

aggrieved by the order dated 23.08.2022, the petitioner would be

at liberty to assail the same before the appropriate forum of law.

(3 of 3) [CCP-663/2022]

With the aforesaid observations, the contempt petition

stands disposed of.

Notices stand discharged.

(ANOOP KUMAR DHAND),J

Karan/34

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