CLCON/84/2015
2021 Latest Caselaw 1065 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 22ND DAY OF MARCH, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
          Contempt Petition No. 84 of 2015
BETWEEN:

Mr. Yogesh Chandra Ghildiyal
& others                                    ...Petitioners
       (By Vinod Tiwari, Advocate)

AND:

M.C. Joshi & others                         ...Respondents

       (By Mr. Pradeep Hariya, Advocate)

                        JUDGMENT

This contempt petition has been filed alleging wilful disobedience of the judgment dated 22.03.2014 passed in WPSS No. 1815 of 2013 & other connected matters.

2. A counter affidavit has been filed by Mr. M.C. Joshi, Secretary, Secondary Education, Government of Uttarakhand, Dehradun. Annexure No. 1 to the said counter affidavit is the order passed by Hon'ble Supreme Court in SLP No. 2412- 2413/2015 on 13.02.2015. Perusal of the said order indicates that the judgment rendered by Division Bench of this Court upholding the judgment passed by learned Single Judge has been stayed.

3. Mr. Pradeep Hariya, learned Standing Counsel for the respondents submits that the said matter was listed on 20.01.2020 and the next date fixed before Hon'ble Supreme Court is not known. He

further submits that interim order, passed in the SLP filed by the State, is still in operation.

4. Since the effect and operation of the judgment rendered by this Court has been stayed by Hon'ble Supreme Court in SLP No. 2412-2413/2015, therefore, in the humble opinion of this Court, this is not a wilful disobedience of the order of this Court.

5. Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioners shall be at liberty to approach this Court again as and when the SLP filed by the State is decided in their favour.

(MANOJ KUMAR TIWARI, J.) Aswal-