CLCON/100/2018
2021 Latest Caselaw 1409 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        ON THE 8TH DAY OF APRIL, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 100 of 2018

BETWEEN:

Kailash Chandra Joshi.                        ....Petitioner
     (By Mr. M.C. Kandpal, Senior Advocate, assisted by Mr.
     Chitrarth Kandpal, Advocate)

AND:
Sri Ranvbir Singh and others.              ..Respondents
     (By Mr. Pradeep Hariya, Standing Counsel for the State
     of Uttarakhand)


                       JUDGMENT

Writ Petition (S/S) No. 671 of 2015 filed by the petitioner was disposed by Writ Court vide order dated 23.03.2017 with a direction to the State to regularize services of the petitioner on the basis of his seniority immediately as and when the posts become available. Further direction was issued to pay at least minimum of pay scale to the petitioner alongwith admissible allowances, within a period of eight weeks from the date of order.

2. A compliance affidavit has been filed on behalf of respondent no. 5. In paragraph no. 11 of the compliance affidavit, it has been stated that, pursuant to the order of this Court, Divisional Forest Officer, Almora has passed an order on 02.01.2021,

notionally regularizing the services of the petitioner w.e.f. 30.05.2019.

3. Learned Senior Advocate for the petitioner fairly submits that minimum of pay scale was being given to the petitioner before passing of the order by the Writ Court.

4. In such view of the matter, this Court is of the considered opinion that this is not a case of willful disobedience of the order.

5. Accordingly, the Contempt Petition is closed. Contempt notices issued to the respondents are hereby discharged. However, petitioner shall be at liberty to approach the appropriate forum, if any of his grievance still survives.

(MANOJ KUMAR TIWARI, J.) Arpan