CLCON/232/2018
2023 Latest Caselaw 225 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

               CONTEMPT PETITION NO. 232 OF 2018

                         12th JANUARY, 2023

Between:

Manohar Gururani                                  ......         Petitioner

and

Ranveer Singh and another                         ......        Respondents



Counsel for the petitioner      :         Mr. Yogesh Kumar         Pacholia,
                                          learned counsel

Counsel for the respondents         :     Mr. Jagdish Singh Bisht, learned
                                          Standing Counsel for the State /
                                          respondents



The Court made the following:

ORDER:

The petitioner has preferred the present

contempt petition alleging willful, deliberate and

conscious disobedience of the order dated 29.03.2017,

passed in Writ Petition (S/S) No. 2474 of 2016.

2. The said petition was disposed of in terms of

the judgment rendered in Writ Petition (S/B) No. 66 of

2008, on 25.03.2010. That judgment has also been

placed on record. The said petition was allowed by the

Court with direction to the respondents to give the

arrears of pay scale to the petitioner from the same date

as is being given to the counterparts of the petitioner in

Education Department in the State of Uttarakhand, i.e.,

w.e.f. 01.07.2001.

3. The response affidavit filed by respondent No.

2 only discloses that Special Appeal, being Special

Appeal No. 263 of 2018, is pending before the Division

Bench of this Court. Admittedly, there is no stay

operating in the said appeal, in regard to the order dated

29.03.2017. That being the position, the respondents

are bound to comply with the direction issued by the

Court in the petitioner's writ petition.

4. Counsel for the petitioner submits that the

Additional Secretary, Uttarakhand Administration, has

also directed the Director, Tribal Welfare, to comply with

the order dated 29.03.2017, passed in the petitioner's

writ petition, vide communication dated 19.09.2017.

5. Aforesaid being the position, the respondents

are bound to comply with the direction issued by the

Court.

6. As a last and final opportunity, four weeks

time is granted to the respondents to comply with the

directions issued by the Court, failing which the present

Director, Tribal Welfare, State of Uttarakhand, shall

remain present in Court personally, on the next date.

7. List the matter on 15.03.2023.

________________ VIPIN SANGHI, C.J.

Dt: 12th JANUARY, 2023 Negi