CLCON/418/2017
2021 Latest Caselaw 3045 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 12TH DAY OF AUGUST, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION NO. 418 OF 2017
BETWEEN:
Manoj Kumar                              ... Petitioner
     (By Mr. T.P.S. Takuli, Advocate)

AND:
Dr. Arun Kumar Tripathi & another ... Opposite Parties
     (By Mr. Gajendra Tripathi, Brief Holder)

                      JUDGMENT

1. An interim order was passed in favour of the petitioner in WPSS No. 1695 of 2016 providing that if posts and work are available at Community Health Centre, Bazpur, District Udham Singh Nagar, then petitioner shall be allowed to work and paid remuneration.

2. In this contempt petition, it is contended that opposite parties have willfully violated the said order, inasmuch as, petitioner has not been permitted to work.

3. A response affidavit has been filed by Dr. Arun Kumar Tripathi, Director, Ayurvedic & Unani Services, Uttarakhand, Dehradun. Para 10 of the said affidavit is extracted below:-

"10. That it is humbly submitted that in the Community Health Center, Bazpur, District Udham Singh Nagar, there is no sanctioned post of Group 'D' under NRHM Scheme is available and as per the directions of the State Government and the consequent order passed by the Director, Ayurvedic Evam Unani Services,

Uttarakhand as well as posting order dated 2nd August, 2016, the petitioner has not joined his services at Govt. Ayurvedic Hospital Chaurlekh, District Nainital, till date."

4. Since the stand taken by opposite party is that posts and work are not available at Community Health Centre Bazpur, therefore, petitioner can't be allowed to work at Bazpur. This Court does not find it to be a case for inferring willful disobedience, especially when opposite parties had offered appointment to the petitioner at Government Ayurvedic Hospital Chaurlekh, District Nainital.

5. In such view of the matter, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Aswal