CLCON/476/2018
2021 Latest Caselaw 4266 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 25TH DAY OF OCTOBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

       Contempt Petition No. 476 of 2018
BETWEEN:

Sandeep Singh & others                      ... Petitioners
       (None present for the petitioners)

AND:

R.K. Kunwar                                 ... Opposite Party

       (By Mr. Pradeep Hairiya, learned Standing Counsel)


                        JUDGMENT

1. Earlier petitioners were employee of U.P. Basic Education Board. Upon State reorganization, they were absorbed in Government Servant. Since petitioners were denied monetary benefits for the services rendered by them in U.P. Basic Education Board, therefore, they filed WPSS No. 3714 of 2017, which was decided in terms of the judgment dated 08.01.2016 rendered in WPSS No. 1534 of 2015. Operative portion of the judgment rendered in WPSS No. 1534 of 2015 is reproduced below:-

"In view thereof, the impugned order dated 29.06.2015 passed by Additional Director, Elementary Education, Garhwal Region, Pauri Garhwal is hereby quashed. The respondents are directed to calculate the period of service rendered by the petitioners in the Parishad and thereafter, the authority concerned shall grant all consequential benefits to the petitioners, in accordance with law. The same shall be considered within a period of eight weeks from the date of production of a certified copy of this order."

2. Alleging non-compliance of the said order, this contempt petition has been filed.

3. A response/compliance affidavit has been filed enclosing therewith the decision taken by Director, Elementary Education, Uttarakhand, Dehradun on 27.03.2018.

4. Perusal of the said order indicates that petitioners have been granted seniority from the date of initial appointment in U.P. Basic Education Board and they have also been declared entitled to leave encashment and gratuity. From the said order, it is apparent that the order passed by Writ Court has been complied with.

5. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged.

(Manoj Kumar Tiwari, J.) Aswal