Uttarakhand High Court
CLCON/274/2015 on 31 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 31ST DAY OF MARCH, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
CONTEMPT PETITION No. 274 of 2015
BETWEEN:
Satish Chandra Tyagi. ....Petitioner
(By Mr. Anil Anthwal, Advocate)
AND:
Bhajan Lal. ......Respondent
(By Mr. D.S. Patni, Senior Advocate, assisted by Mr.
Dharmendra Barthwal, Advocate)
JUDGMENT
Writ Petition (S/B) No. 26 of 2008 filed by
the petitioner alongwith several others was disposed
of by Division Bench of this Court vide order dated
16.05.2013. Operative portion of the said order is
reproduced below:
"3. Under the Rules, in order to be
promoted to the post of Executive
Engineer, an Assistant Engineer is in
the feeding cadre and he is required to
serve as such Assistant Engineer for
seven years. As aforesaid, petitioners
and the private respondents were
promoted to the posts of Assistant
Engineer on 7th November, 2000.
Therefore, as on 7th July, 2008, they
all had served for seven years as
Assistant Engineers. Each of them
was, accordingly, eligible for being
considered for promotion. While the
petitioners were not considered for
promotion, private respondents were
considered for promotion only on the
ground that in view of the Circular
dated 22nd February, 2008, private
respondents were treated to be senior
to the petitioners in the posts of
Assistant Engineers, when, in fact, the
Rules say otherwise, i.e. that for
seniority in the promotional post, i.e.
the post of Assistant Engineer, the
seniority in the feeding cadre, i.e. the
post of Junior Engineer, shall be taken
into account and there appears to be
no dispute that in the posts of Junior
Engineer, petitioners were senior to
the private respondents. Consideration
of the private respondents for
promotion to the posts of Executive
Engineer and non-consideration of the
petitioners for the said promotion on
7th July, 2008 was mala fide, illegal
and unsustainable. The said
promotions are, accordingly, set aside.
Respondents are directed to prepare
fresh seniority list in accordance with
the Rules discussed above."
2. In this Contempt Petition, it is contended
that the order passed by Division Bench has not been
complied with.
3. A compliance affidavit has been filed by Mr.
O.P. Singh, Superintending Engineer, Construction
Circle, Uttarakhand Pey Jal Sansadhan Vikas Evam
Nirman Nigam, Nainital. Alongwith said affidavit,
Office Memo dated 01.02.2021 has been enclosed,
whereby seniority of Assistant Engineers has been re-
determined. Name of petitioner has been placed at
Serial No. 95 in the said seniority list; while, the
degree holder Assistant Engineers, who were directly
recruited as Assistant Engineer (private respondents
in the writ petition), have been placed below the
petitioner. The orders of promotion passed by
Managing Director, Uttarakhand Pey Jal Sansadhan
Vikas Evam Nirman Nigam on 03.02.2021 have also
been enclosed with the said affidavit. At page no. 35,
the promotion order in favour of petitioner has been
brought on record, whereby petitioner has been
promoted retrospectively w.e.f. 07.07.2008, with the
condition that petitioner shall not be entitled to claim
arrears of salary, however, he shall be given pay
protection.
4. Learned counsel for the petitioner submits
that certain benefits have not been extended to the
petitioner, even after passing of promotion order
dated 03.02.2021.
5. Learned Senior Advocate appearing for the
respondent assures the Court that whatever benefits
are due to the petitioner, in terms of the order of this
Court and also in terms of promotion order dated
03.02.2021, the same shall be released to the
petitioner within two weeks from today.
6. In view of the assurance given by learned
Senior Advocate appearing for the respondent, the
Contempt Petition is closed, by taking his statement
on record.
7. Contempt notice issued to the respondent is
hereby discharged.
8. Petitioner shall be at liberty to seek review
of this order, if the assurance given to the Court is
not fulfilled.
(MANOJ KUMAR TIWARI, J.)
Arpan
