CLCON/72/2021
2021 Latest Caselaw 2805 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
        ON THE 3RD DAY OF AUGUST, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        CONTEMPT PETITION No. 72 of 2021
BETWEEN:

Ajay Kumar                               ...Petitioner
     (By Mr. Rajendra Dobhal, Senior Advocate)

AND:

Bhajan Lal Arva                        ... Opposite Party

     (By Mr. Ramji Srivastava, Advocate)


                      JUDGMENT

1. Petitioner is serving as Driver on contract in Nagar Palika Parishad Vikasnagar, Dehradun since 2004. He filed WPSS No. 2284 of 2019 seeking minimum of pay scale.

2. The said writ petition was disposed of vide order dated 04.03.2020, whereby Executive Officer, Nagar Palika Parishad Vikasnagar, Dehradun was directed to take decision on petitioner's representation in the light of the judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Duba Vs Divisional Forest Officer & others reported in 1 Apex Court Journal 447.

3. This contempt petition was filed alleging wilful disobedience of the order passed by Writ Court.

4. A compliance affidavit has been filed by Bhajan Lal Arya, Executive Officer, Nagar Palika

Parishad, Vikasnagar, Dehradun, enclosing therewith the decision dated 26.03.2021 taken on petitioner's representation.

5. Perusal of the said order reveals that petitioner's representation has been considered and rejected by holding that Executive Officer, Nagar Palika Parishad, Vikasnagar, Dehradun cannot grant regular salary to petitioner without approval from Urban Development Department of the State Government.

6. Since the only direction issued in favour of the petitioner was that his representation be decided and since such a decision has now been taken by the Executive Officer, therefore, no case for proceeding for contempt is made out against him.

7. In such view of the matter, contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at liberty to approach appropriate forum for redressal of his grievance, if any.

(MANOJ KUMAR TIWARI, J.) Aswal