CLCON/34/2020
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IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
         ON THE 14TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       CONTEMPT PETITION No. 34 of 2020

BETWEEN:

Neeraj Singh Bisht.                            ...Petitioner
     (By Mr. Amar Murti Shukla, Advocate)

AND:
Nitesh Jha & another.                       ....Respondents
     (There is no representation for the respondent)


                      JUDGMENT

Writ Petition (S/S) No. 3610 of 2018 filed by the petitioner was disposed of by Writ Court on 30.04.2019 in terms of judgment dated 08.04.2019 rendered in WPSS No. 3619 of 2018. Operative portion of the final order passed in WPSS No. 3619 of 2018 is reproduced below:

"8. Accordingly, impugned order dated 16.08.2018 is quashed. Respondent No. 4 is directed to re-consider petitioner's claim in the light of the judgment rendered by this Court in WPSS No. 4378 of 2018 and pass speaking order, in accordance with law, within six weeks from the date of receipt of certified copy of this order."

2. In this Contempt Petition, it has been alleged that respondents have not complied with the order passed by Writ Court.

3. The order dated 03.07.2019 passed by Principal, Veer Chandra Garhwali Government Medical, Science & Research Institute, Srinagar is on record as Annexure No. 4 to the Contempt Petition. Perusal of the said order indicates that decision in the matter will be taken once instructions are received from the State Government.

4. Learned counsel for the petitioner has drawn attention of this Court to subsequent order dated 01.05.2020 passed by Principal, Veer Chandra Garhwali Government Medical, Science & Research Institute, Srinagar. By the said order, petitioner's claim has been considered and rejected.

5. Since the only direction issued to the respondents was to re-consider petitioner's claim for grant of minimum of pay scale and such claim has been considered and rejected, therefore, this Court is of the considered opinion that it is not a case of willful disobedience of the order passed by Writ Court.

6. Accordingly, the contempt petition is closed.

7. However, petitioner shall be at liberty to challenge the orders dated 03.07.2019 & 01.05.2020 before the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Arpan