CLCON/557/2019
2022 Latest Caselaw 364 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 22ND DAY OF FEBRUARY, 2022
                             BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION NO. 557 OF 2019
BETWEEN:
Devanand Sharma                               ... Petitioner
      (By Mr. Amar Murti Shukla, Advocate)

AND:
Smt. Radha Raturi                             ... Opposite Party
      (By Mr. J.S. Bisht, Standing Counsel)

                         JUDGMENT

1. WPSB No. 171 of 2017 filed by the petitioner was disposed of with a direction to the respondents to consider petitioner's claim for promotion to the post of Deputy Collector from the date his juniors were considered for promotion, if he is otherwise eligible.

2. Alleging willful disobedience of the said order, this contempt petition was filed.

3. The stand taken by the opposite party is that criteria of promotion for the post of Deputy Collector is "Merit";. since petitioner was found lower in merit, therefore, his claim for promotion from the date of promotion of his junior, was rejected and subsequently, he was promoted w.e.f. 27.09.2018.

4. In view of the aforesaid stand taken by the opposite party, this Court is satisfied that this is not a case of willful disobedience of the order passed by Writ Court.

5. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at liberty to approach appropriate forum for redressal of his grievance, if any.

(MANOJ KUMAR TIWARI, J.) Aswal