Saiyad Sharafat Ali vs Rajeev Singh Thakur And Ors ...
2023 Latest Caselaw 10124 Raj

Rajasthan High Court - Jodhpur

Saiyad Sharafat Ali vs Rajeev Singh Thakur And Ors ... on 28 November, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:40945]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Writ Contempt No. 724/2015

Saiyad Sharafat Ali S/o late Shri Hamid Ali, aged about 54 years,
R/o Foolia Gate Shahpura, District Bhilwara (Rajasthan).
                                                                      ----Petitioner
                                      Versus
1.     Shri P.C. Kishan, Director- Elementary Education, Bikaner,
       Rajasthan.
2.     Shri Madan Mohan Pareek, District Education Officer,
       District Bhilwara, Rajasthan.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Sandeep Bishnoi.
For Respondent(s)           :     Mr. Kunal Upadhyay.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/11/2023

The present Writ Contempt Petition has been preferred on

behalf of the petitioner against willful and deliberate non-

compliance of the order dated 27.03.2015 passed in S.B. Civil Writ

Petition No.5505/2011 (Saiyad Sharafat Ali Vs. State of Rajasthan

& Ors.).

Learned counsel for the petitioner submitted that this Court

while deciding S.B. Civil Writ Petition No.5505/2011 (Saiyad

Sharafat Ali Vs. State of Rajasthan & Ors.), vide order dated

27.03.2015 directed the respondents to pay the minimum regular

pay scale applicable for the post of Teacher-Grade-III, within a

period of two months from the date of the order, failing which the

payment will carry interest @ 24% per annum on the arrears of

[2023:RJ-JD:40945] (2 of 3) [WCP-724/2015]

salary, in light of the order dated 07.07.1997 passed in D.B.

Special Appeal (Writ) No.637/1997.

Learned counsel for the petitioner frankly conceded that

though the minimum of the pay scale of the post of Grade-III has

been granted to the petitioner in compliance of the Court's order

dated 27.03.2015 and he has also been paid interest, however,

the interest has not been paid from the date of filing of the writ

petition instead the same has been paid from the date of the

judgment dated 27.03.2015 and therefore, the respondents are

guilty of committing contempt of the Court's order dated

27.03.2015.

Per contra, learned counsel for the respondents submitted

that minimum of the pay scale applicable to the post of Teacher

Grade-III has been allowed to the petitioner and the petitioner has

also been paid interest on the arrears of salary from the date of

judgment dated 27.03.2015 and therefore, since compliance of

the order under contempt has already been made, the present

contempt petition deserves to be dismissed.

Having heard learned counsel for the parties, this Court finds

that no specific date has been mentioned in the judgment dated

27.03.2015, from which the interest was to be calculated and paid

to the petitioners on grant of minimum pay scale applicable to the

post of Teacher-Grade-III in compliance of the Court's order and

therefore, since the respondents have already calculated and paid

interest on the arrears of salary to the petitioner from the date of

judgment dated 27.03.2015, the action of the respondents cannot

be faulted with.

[2023:RJ-JD:40945] (3 of 3) [WCP-724/2015]

In view of the aforesaid, the present Writ Contempt Petition

is dismissed as having been rendered infructuous.

Rule is discharged.

(KULDEEP MATHUR),J 60-Prashant/-

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