Unknown vs State Of Uttarakhand And
2021 Latest Caselaw 65 UK

CLCON No. 138 of 2017
Hon'ble Sharad Kumar Sharma, J.

List revised. None appears for the petitioners to assist the Court. Since being a Contempt Petition, it is the proceedings between the alleged contemnor qua the Court, hence, it cannot be dismissed for want of prosecution, thus it is being proceeded to be decided on its own merits. The petitioners had filed this Contempt Petition on 25th May, 2017, alleging non compliance of the judgment, as was rendered by the Coordinate Bench of this Court on 31st August, 2016, in Writ Petition (S/S) No. 1800 of 2015, Narayan Singh Darmwal and others Vs. State of Uttarakhand and others, whereby, the Coordinate Bench of this Court while deciding the Writ Petition had passed the following orders:-

"5. All the same, there seems to be no reason for denying the promotion to the petitioners in WPSS No. 1800 of 2015 under the existing Rules considering that their promotion is long due. Writ Petition (S/S) No. 1800 of 2015 is therefore allowed. It is hereby directed that the promotional exercise be undertaken in accordance with existing Rules, where claim of the petitioners shall be considered for promotion in accordance with law and necessary orders be passed as expeditiously as possible but definitely within a period of three months from the date of production of a certified copy of this order.

6. So far as Writ Petition (S/S) No. 543 of 2015 is concerned, the petitioners have challenged the Rules of 1994 and since statement has been given by learned State Counsel that the State Government is contemplating to frame new Rules, presently no interference is called for. The State Government may frame new Rules, however, this shall not delay the promotional exercise which this Court had already directed in WPSS No. 1800 of 2015."

Alleging its non compliance, the present Contempt Petition was filed. Notices were issued to the respondents, and in response thereto, the respondents have filed compliance affidavit on 08.08.2017, wherein in the compliance affidavit thus filed under the affidavit of Dr. Ram Bilas Yadav, Additional Secretary, Government of Uttarakhand, Dehradun, he has placed on record the letter dated 19th July, 2017, whereby, the promotion, which was directed to be considered has already been considered by the respondents and they have been accorded promotion by the Directorate in pursuance to the order No. 19571-93 dated 8th September, 2017.

In view of the aforesaid order of promotion having already rendered in favour of the petitioners, the judgment has been complied with.

Consequently, the Contempt Petition is closed. Notices issued to the respondents are hereby discharged.

(Sharad Kumar Sharma, J.) Dated 07.01.2021 Shiv