CLCON/386/2017
2021 Latest Caselaw 3189 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 18TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 386 of 2017

BETWEEN:

Girdhari Kandpal.                            ...Petitioner
     (By Mr. M.C. Kandpal, Senior Advocate, assisted by Mr.
     Chitrarth Kandpal, Advocate)

AND:
S.Ramaswamy & others.                     ...Respondents
     (By Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)


                      JUDGMENT

Petitioner filed WPSS No. 144 of 2015, which was allowed by Writ Court vide order dated 30.03.2017 and it was provided that petitioner would be deemed to have been appointed as Forest Guard w.e.f. year 2003 with all consequential benefits.

2. Alleging disobedience of the said order, petitioner has filed this Contempt Petition.

3. Learned Standing Counsel has apprised the Court that, against the order passed by Writ Court, State filed Special Appeal No. 817 of 2017, which was finally decided by Division Bench of this Court vide judgment dated 14.06.2019 and the order passed by Writ Court was modified. Learned Standing Counsel has further informed the Court that services of the petitioner were regularized in the year 2009 and

Division Bench had also provided, in its judgment, that in case petitioner's height is found to be short, then he shall be treated to have been regularized only from the year 2009 onwards. He further submits that since petitioner's height, when majored pursuant to the order passed in Special Appeal, was found to be 153.50 cm; while, the height required for appointment as Forest Guard is 158 cms. The written instructions received by learned Standing Counsel from D.F.O., Bageshwar are produced in Court today, which are taken on record.

4. In such view of the matter, this Court does not find any reason to proceed against the respondent under Contempt of Courts Act.

5. Accordingly, the Contempt Petition is closed.

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

(MANOJ KUMAR TIWARI, J.) Arpan