CLCON/445/2017
2021 Latest Caselaw 1161 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  CLCON No. 445 of 2017
                                  Hon'ble Manoj Kumar Tiwari, J.

None present for the petitioner. Mr. Pradeep Hariya, learned counsel for respondent.

WPSS No. 1551 of 2014 filed by the petitioner was allowed by Writ Court vide judgment dated 25.04.2017. Operative portion of the said judgment is extracted below:-

Accordingly, the writ petition is allowed. The letter dated 22.02.2014 is quashed and set aside. Respondents are directed to consider the case of the petitioner for regularisation against any available vacancy or by creating a supernumerary post.

Since the said judgment was not complied with, therefore, petitioner has filed this contempt petition.

An affidavit of compliance has been filed by Executive Engineer, Construction Division, Public Works Department (P.W.D.), Ranikhet, District Almora. Along with the said affidavit, an order dated 11.07.2017 passed by Engineer- in-Chief, Public Works Department has been enclosed.

Perusal of the said order indicates that based on some legal advice, petitioner's claim for regularisation has been rejected. It further reveals that petitioner's claim has been rejected based on some legal advice, which says that regularising petitioner's service would not be proper in the given facts and circumstance of the case.

It is undisputed that judgment rendered by learned Single Judge has attained finality, therefore, Engineer-in- Chief could not have passed such an order, as if he was sitting in appeal over the judgment of this Court.

Having regard to the tone and toner of the order passed by Engineer-in-Chief, this Court is prima facie of the opinion that the order passed by this Court has been wilfully violated.

List this matter on 15.04.2021, on which date, the Engineer-in-Chief, Public Works Department shall appear in person before this Court along with entire record of the case.

(Manoj Kumar Tiwari, J.) 25.03.2021 Aswal