CLCON/486/2017
2021 Latest Caselaw 1382 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
        ON THE 7TH DAY OF APRIL, 2021
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 486 of 2017

BETWEEN:

Laxman Singh.                                        ....Petitioner
     (By Mr. Chitrarth Kandpal, Advocate)

AND:
Mr. C.S. Bhatt & others.                        ...Respondents
     (By Mr. Pradeep Hariya, Standing Counsel for the State
     of Uttarakhand and Mr. Prabhakar Narayan, Advocate,
     holding   brief   of   Mr.   Abhishek   Dutt,   Advocate   for
     respondent nos. 4 & 5)


                        JUDGMENT

Writ Petition (S/S) No. 1011 of 2016 filed by the petitioner was disposed of by Writ Court vide order dated 20.04.2017. Operative portion of the said order is reproduced below:

"Accordingly, the present petition is disposed of with the direction to the respondents to consider the case of petitioners for counting the qualifying service w.e.f. 1.11.1962 to 26.8.1971 on the basis of Government Order dated 5.1.1996. Petitioner is also directed to comply with the terms and conditions, as contained in the aforesaid government order, within ten weeks from today. Thereafter, the respondents shall take a decision in the matter within further ten weeks."

2. Learned counsel for respondent nos. 4 & 5 has informed the Court that decision, in terms of order of this Court, has been taken and petitioner's claim for adding post services rendered in Zila Parishad, as per Government Order dated 05.01.1996, has been rejected.

3. Since the only direction was to consider petitioner's claim for adding post services and such decision has been taken, therefore, it is not a case of willful disobedience of the order of this Court.

4. Accordingly, the Contempt Petition is dismissed.

5. Contempt notices issued to the respondents are hereby discharged.

6. However, petitioner shall be at liberty to approach the appropriate forum, if he is aggrieved by the decision so taken by the respondents.

(MANOJ KUMAR TIWARI, J.) Arpan