Uttarakhand High Court
CLCON/181/2018 on 8 September, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 8th DAY OF September, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Contempt Petition (M/S) No. 181 of 2018
BETWEEN:
Khemraj Bhatt ...Petitioner
(By Mr. Digvijay Singh, Advocate holding brief of Mr. Anil
Anthwal, Advocate)
AND:
Sri Om Prakash ...Respondent
(Mr. J.S. Bisht, Standing Counsel for the State)
JUDGMENT
WPSS No. 259 of 2012 filed by the
petitioner was disposed of with the following
direction:-
"Accordingly, the writ petition is disposed
with the direction the respondents to
consider the case of the petitioner for grant
of increment from 01.07.2010, family
planning additional increment from
14.11.2008 and also to reimburse the
amount of T.A. and Medical Bills amounting
to Rs.44,798/- within a period of ten weeks
from today, strictly in accordance with
law."
2. Alleging non-compliance thereof, this
contempt petition has been filed.
3. A response cum compliance affidavit has
been filed by Mr. Om Prakash, Additional Chief
Secretary cum Director, Department of Civil Aviation,
Uttarakhand. Para nos. 4 and 5 of the said affidavit
are reproduced below:-
"4. That accordingly on receipt of the
details of the matter pertaining to the petitioner,
vide office order dated 08-02-2018 (which was
issued on 15-02-2018 with diary No. 6029/17-
18) the answering respondent had considered
the case of the petitioner for grant of increment
as well as other matters, as directed by this
Hon'ble Court. A copy of the office order dated
08-02-2018/15-02-2018 is being filed herewith
and marked as Annexure No. CA-1. Here, it
would be pertinent to state that vide G.O. No.
395 dated 17-10-2008, it is provided that as per
the fitment table dated 01-01-2006 for higher
grade i.e. Rs. 5500-9000, the same is made
under payband-2, as Rs. 9300-34800, with
grade pay of Rs. 4600/-. Further as per the G.O.
dated 25-09-2013 the benefit of this G.O. was
not applicable to those employees who were not
upgraded from the grade of 5500-9000 to the
upgraded scale of 7450-11000 and since those
who were not upgraded accordingly were not
entitled to get the benefit out of the said G.O.
5. That by way of the said order dated
08-02-2018/15-02-2018, with respect to the
other grievance of the petitioner regarding
voluntary family planning additional increment,
it was clearly informed that vide G.O. No.
1683/16-11-80-9(155)79, dated 26-05-1980,
the petitioner had to apply to his parent
department since, such issues are to be settled
and sanctioned by the appointing authority and
on the basis of said calculation by his parent
department, he would be given such benefits for
the period he remained on deputation in the
Department of Civil Aviation."
4. From the stand taken by respondent in his
affidavit, it is apparent that petitioner's claim for
increment with effect from 01.07.2010 has been
rejected on the ground that petitioner is not eligible
for grant of increment in terms of Government Order
dated 25.09.2013. Order dated 15.02.2018 passed by
Director, Civil Aviation is on record as Annexure CA-
1. Regarding family planning additional increment, it
has been stated in the order dated 15.02.202018 that
the same shall be sanctioned by the Competent
Authority in petitioner's parent department.
Regarding T.A. and Medical Bills, it has been stated in
the order dated 15.02.2018 that petitioner has not
submitted such bills in the Directorate of Civil
Aviation and the same shall be paid to the petitioner
as & when he submits the requisite bills.
5. From the stand taken by the respondent in
his affidavit, it is apparent that this is not a case of
wilful disobedience and petitioner's claim has been
considered as per Rules/Policy. Accordingly, the
contempt petition is closed.
6. Contempt notice issued to the respondent
is hereby discharged.
7. However petitioner shall be at liberty to
approach the competent authority, in his parent
department for grant of family planning increment.
Regarding the amount due as medical reimbursement
and T.A., petitioner shall be at liberty to submit the
bills to the Competent Authority. If petitioner submits
the bills within four weeks, the Competent Authority
shall examine petitioner's claim and pass appropriate
order, in accordance with rules, within eight weeks
thereafter.
8. However, this order will not preclude the
petitioner from approaching the appropriate forum for
claiming increment with effect from 01.07.2010.
(MANOJ KUMAR TIWARI, J.)
Shubham
