Naresh Kumar S/O Shri Raghvir ... vs Shri Ashutosh A.T. Pednekar ...
2023 Latest Caselaw 6275 Raj/2

[2023:RJ-JP:31168]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Contempt Petition No. 226/2019

                                           In

                 S.B. Civil Writ Petition No.17450/2017

Naresh Kumar S/o Shri Raghvir Singh, Aged About 38 Years, R/o
Nayasarana, Doomroli, Behror, District Alwar, Rajasthan.
                                                                         ----Petitioner
                                        Versus
1.       Shri Ashutosh A.T. Pednekar, Secretary, Department Of
         Panchayati Raj And Rural                    Development, Secretariat,
         Government Of Rajasthan, Jaipur.
2.       Vinay Kumar Nagayach, Chief Executive Officer, Zila
         Parishad District Alwar Rajasthan
3.       The     State      Of     Rajasthan,          Through         Its   Secretary,
         Department Of Panchayati Raj And Rural Development,
         Secretariat, Government Of Rajasthan, Jaipur.
                                                   ----Respondents/Contemnors

For Petitioner(s) : Mr. Pawan Sharma for Mr. Ravi Shanker Sharma For Respondent(s) : Mr. S.S. Raghav, AAG with Mr. Ajay Singh Rajawat Mr. C.L. Saini, AAG with Ms. Srijna Shreshth

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

20/10/2023

This contempt petition has been filed alleging wilful

disobedience of the order dated 31.01.2018 whereby, this Court

directed that if seats of physically handicapped persons are found

vacant in the year 2013 which could not be filled up by their

respective categories in the year 2012, then the petitioner shall be

given appointment appropriately in accordance with their merit by

[2023:RJ-JP:31168] (2 of 2) [CCP-226/2019]

giving effect to the inter-change amongst the physically

handicapped persons.

Learned counsel for the petitioner submits that despite

availability of unfilled vacant seat of the year 2012 under the

Physically Handicapped Quota, the respondents have not given

him appointment as per his merit. He, therefore, prays that the

respondents may be directed to purge the contempt and they may

also be punished suitably.

Per contra, learned counsel for the respondents, inviting

attention of this Court towards the contents of para no.2 of the

reply filed by them, would submit that there were four vacancies

in the year 2012 of Teacher Grade-III (Level-II) subject Hindi

under the Physically Handicapped Quota and all four seats were

filled in by such candidates. He submits that since, there was no

unfilled seat of 2012 available for consideration of petitioner's

candidature, the contempt petition deserves to be dismissed.

Heard. Considered.

In view of non-availability of any unfilled vacancy of the

Physically Handicapped Quota seat of the year 2012 in the year

2013, no contempt is made out.

The contempt petition is dismissed accordingly.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/228

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