CLCON/374/2017
2021 Latest Caselaw 3088 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 13TH DAY OF AUGUST, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        CONTEMPT PETITION No. 374 of 2017
BETWEEN:

Goli Das                                    ...Petitioner
        (By Mr. Nalin Saun, Advocate)

AND:

Om Prakash & another                     ... Opposite Parties

        (By Mr. H.M. Raturi, Deputy Advocate General)

                        JUDGMENT

1. Writ Court, vide order dated 03.05.2017 passed in WPSS No. 270 of 2017, had directed the respondents to consider the case of the petitioner for T.B. Health Visitor, as per the Regularisation Rules, 2013.

2. In this contempt petition, it is alleged that the order passed by Writ Court has not been complied with.

3. Learned counsel for the opposite parties was asked to get instructions in the matter. Today, on instructions, Mr. H.M. Raturi, learned Deputy Advocate General for the opposite parties has apprised the Court that since petitioner was not appointed against any post, but he was engaged as a daily wager under a programme of National Rural Health Mission, therefore, his claim for regularisation was considered and rejected by the Competent Authority.

4. Since the only direction by the Writ Court was to consider petitioner's claim and his claim has now been rejected, therefore, it cannot be said that it is a case of wilful disobedience of the order passed by Writ Court.

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

(MANOJ KUMAR TIWARI, J.) Aswal