CLCON/578/2018
2021 Latest Caselaw 4685 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
      ON THE 22ND DAY OF NOVEMBER, 2021
                               BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Contempt Petition No. 578 of 2018
BETWEEN:
Smt. Janki Negi                                            ...Petitioner
       (Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Chitrarth Kandpal,
       Advocate)

AND:

Mr. Ranbir Singh and others                            ...Respondents
       (J.S. Bisht, Standing Counsel for the State)

                             JUDGMENT

Writ Court had directed respondents to regularize service of the petitioner and also to grant her minimum of wages, from 21.02.2002 till regularization of her services. Alleging non- compliance of the said order, this contempt petition was filed.

2. Learned Standing Counsel for the State produced in Court an order dated 01.03.2019 passed by Divisional Forest Officer, Soil Conservation, Forest Division, Nainital, which is taken on record.

3. Perusal of the said order indicates that services of the petitioner were regularized on Class- IV Post of Mali.

4. Learned Standing Counsel has further apprised this Court that a sum of ` 1,38,168/- has been paid to the petitioner as difference of wages.

5. Mr. M.C. Kandpal, Senior Advocate appearing for the petitioner, however, submits that the order passed by Writ Court is yet to be complied with inasmuch as the direction for payment of difference of wages has not been fully complied so far as the amount of ` 1,38,168/- is less than what petitioner was entitled to.

6. Having regard to the fact that the service of the petitioner has been regularized and the amount of ` 1,38,168/- has been released to the petitioner, therefore, in the humble opinion of this Court, the order passed by Writ Court has been substantially complied with.

7. Accordingly, contempt petition is closed.

8. Contempt notices issued to the respondent nos. 1, 2 and 3 are hereby discharged.

9. However, petitioner shall be at liberty to make representation to the Competent Authority with regard to her claim for balance amount, if any, as minimum of wages payable to her. If she makes such representation within two weeks from today, decision thereupon shall be taken within a period of six weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Shubham