CLCON/275/2009
2023 Latest Caselaw 1062 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLCON No.275 of 2009
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Pooran Singh Rawat, Advocate for the petitioners.

Mr. J.S. Bisht, Standing Counsel for the State of Uttarakhand.

Mr. Anil Kumar Joshi, Advocate for respondent no. 7.

Heard learned counsel for the parties.

Petitioners' land was acquired for establishing Bipin Tripathi Kumaon Institute of Technology, Dwarahat, Almora. Petitioners, relying upon a Government Order dated 15.06.1985 filed WPSS No. 7115 of 2001, claiming regular appointment in the said Institute, which was allowed by Writ Court vide judgment dated 28.04.2008 and respondents were directed to provide regular appointment to petitioners according to their qualification and suitability in terms of Government Order dated 15.06.1985 within a period of two months. The direction issued by Writ Court was set aside by Hon'ble Supreme Court vide judgment dated 02.08.2022 rendered in Civil Appeal No. 5057 of 2022, however, it was provided that the appellant institute will be bound by the circular/policy decision and will comply with the same as & when they fill up any vacancy.

It is, thus, apparent that the judgment passed by learned Single Judge has been set aside, however, respondent institute has been directed to comply with the circular as & when any appointment is made in future.

Petitioners had alleged that, despite the order passed by Writ Court, regular appointment has not been given to them.

Since the order passed by Writ Court has been set aside by Hon'ble Supreme Court, therefore, there is no case made out against the respondent for proceeding under Contempt of Courts Act.

Accordingly, the contempt petition is closed. Contempt notices issued to the respondents are hereby discharged. However, respondent institute shall be bound by direction issued by Hon'ble Supreme Court and the claim of the petitioners for appointment shall be considered in terms of the order as & when vacancy arises in future.

(Manoj Kumar Tiwari, J.) 20.04.2023 Arpan