CLCON/288/2021
2021 Latest Caselaw 2627 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
          ON THE 26TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Contempt Petition No. 288 of 2021
BETWEEN:

Mahendra Singh Dhauni                 ...Petitioner
     (By Mr. S.K. Mandal, Advocate)

AND:

Shailesh Bagauli & another            ...Opposite Parties


                     JUDGMENT

1. Petitioner filed WPMS No. 1369 of 2012, seeking regularisation on the post of Junior Engineer, which was disposed of vide order dated 23.02.2018. Operative portion of the said judgment reads as under:-

"Accordingly, the writ petition is disposed of with the direction to the respondents to consider the case of the petitioner for regularisation to the post of Junior Engineer on the basis of recommendation also made by the Chairman, Nagar Palika Parish, Bhawali, within a period of ten weeks from today."

2. It is the case of the petitioner that earlier post of Junior Engineer was not vacant in Nagar Palika Parishad, Bhowali, but now the said post has fallen vacant.

3. Learned counsel for the petitioner has referred to one letter dated 12.07.2021 issued by Chairman, Nagar Palika Parishad, Bhowali to the Secretary Urban Development, Dehradun, wherein it

is mentioned that post of Junior Engineer has fallen vacant. He further submits that petitioner's claim for regularisation has not been considered despite the order passed in WPSS No. 1369 of 2012.

4. Having regard to the facts of the case, before issuing contempt notice to the opposite parties, this Court thinks that one more opportunity be given for compliance of the order of this Court.

5. In such view of the matter, the contempt petition is disposed of with liberty to petitioner to make representation to opposite party No. 1, within two weeks from today. If such a representation is made within stipulated time, opposite party No. 1 shall consider the same and pass appropriate order, in accordance with law, having due regard to the order passed in WPMS No. 1369 of 2012.

(MANOJ KUMAR TIWARI, J.) Aswal