CLCON/776/2019
2021 Latest Caselaw 1184 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 25TH DAY OF MARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Contempt Petition No. 776 of 2019
BETWEEN:

Smt. Jangi                               ...Petitioner
     (By Mr. Bharat Singh, Advocate)

AND:

Sri Navneet Pandey                       ...Respondent

     (By Mr. Pradeep Hariya, Advocate)


                       JUDGMENT

WPSS No. 4358 of 2018 filed by the petitioner was disposed of by Writ Court vide order dated 02.01.2019. The operative portion of the said judgment is extracted below:-

"4. Subject to the condition that Mani Lal was working as a regular Beldar, the application for compassionate appointment dated 21st November, 2012, would be considered by the respondents and would pass a reasoned order after opportunity of hearing to the petitioner in accordance with law within a period of six weeks from the date of production of certified copy of this order."

2. In the contempt petition, petitioner alleged that the order passed by this Court has not been complied with.

3. A compliance affidavit has been filed by Mr Navneet Pandey, Executive Engineer, National Highway, Public Works Department, Dhumakot,

District Pauri Garhwal. Annexure No. 1 to the said affidavit is an order dated 01.05.2019 passed by Executive Engineer, National Highways Division, P.W.D., Badkot, whereby petitioner's claim has been rejected, based on a Government Order dated 31.08.2002.

4. Learned counsel for the petitioner submits that the said order is contrary to a Full Bench Judgment of this Court rendered in Special Appeal No. 187 of 2017, wherein it has been held that a daughter cannot be denied compassionate appointment, simply because she is married.

5. Since Writ Court had directed the Competent Authority to take decision on petitioner's representation and now such decision has been taken, therefore, in my humble opinion, this is not a case of wilful disobedience of an order of this Court.

6. Accordingly, the contempt petition is closed. Notice issued to the respondent is hereby discharged. However, petitioner shall be at liberty to approach the appropriate forum for agitating her claim.

(MANOJ KUMAR TIWARI, J.) Aswal