2025:UHC:352 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS CLCON No.254 of 2023 Hon’ble Pankaj Purohit, J. Mr. Remit Kumar Gaur, learned counsel holding brief of Mr. B.M. Pingal, learned counsel for the petitioner. 2. Mr. J.S. Bisht, Mr. Sandeep Kumar, learned Standing Counsel with Mr. Devesh Ghildiyal, learned Brief Holder for the State of Uttarakhand. 3. Pursuant to the order dated 15.10.2024, Mr. Pushkar Lal Tamta, Chief Education Officer, Nainital is present before this Court. 4. As per the time sought by the learned counsel for the petitioner, an impleadment application No.2 of 2024 is filed by the petitioner for impleading a new incumbent Mr. Pushkar Lal Tamta, Chief Education Officer, Nainital as respondent. 5. Since, the impleadment sought is formal in nature and is not opposed by the respondent-State, impleadment application (IA/2/2024) is allowed. 6. Let the necessary amendment be incorporated within 24 hours by supplying the amended memo of parties. 7. Mr. Pushkar Lal Tamta, Chief Education Officer, Nainital submitted that against the complaint of contempt, the State Government has preferred an Special Leave to Appeal No.25797 of 2024 State of Uttarakhand and Others VS. Harish Chandra Singh and Others. On 08.11.2024, the impugned judgment and order dated 28.06.2024 was stayed on a condition that the respondent-college shall calculate the benefit to be given as per Section 41 in 2016 and make the payment to the respondent-employee on the basis of the 2025:UHC:352 said calculation. The order dated 08.11.2024 passed by the Hon’ble Apex Court is a conditional order. 8. Mr. Pushkar Lal Tamta, Chief Education Officer, Nainital submitted before this Court that the Hon’ble Apex Court’s order dated 08.11.2024 has already been complied with and the benefit from the date of amendment of Section 41 in 2016 has been given to the petitioner on 29.11.2024 by paying an amount of Rs.1,41,656. 9. Since, the conditional order passed by the Hon’ble Apex Court has been complied with, therefore, there would be no useful purpose to keep the present contempt petition pending before this Court sine die. 10. In this view of the matter, learned counsel for the petitioner wants to withdraw the present contempt petition with liberty to file a fresh petition as and when Special Leave to Appeal would be decided or any cause of action would arise to file a fresh contempt petition for compliance of the complete order, if not disturbed by the Hon’ble Apex Court in Special Leave to Appeal(c) No.25797 of 2024. 11. Accordingly, the present contempt petition is dismissed as withdrawn, with the aforesaid liberty. (Pankaj Purohit, J.) 09.01.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f027 6c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84B DB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.01.09 16:50:05 +05'30'