CLCON/35/2020
2021 Latest Caselaw 2421 UK

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. 35 of 2020

BETWEEN:

Chandra Mohan.                                    ...Petitioner
     (There is no representation for the petitioner)

AND:
Nitesh Jha & another.                        ....Respondents
     (Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)


                       JUDGMENT

Writ Petition (S/S) No. 3617 of 2018 filed by the petitioner, claiming equal pay for equal work, 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. A compliance affidavit has been filed on behalf of respondent no. 1. Annexure No. 1 to the compliance affidavit is an order passed by Principal, Veer Chandra Garhwali Government Medical, Science & Research Institute, Srinagar on 04.05.2020. Perusal of the said order indicates that petitioner's claim for minimum of pay scale was considered and rejected.

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

7. However, petitioner shall be at liberty to challenge order dated 04.05.2020 before the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Arpan