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2025 DAILYLAW 1440 (CHH)

SMT. HULAS JOGI v. DINESH KUMAR JHA

CONT/31/2025 · 2025-01-09

Shri Naresh Kumar Chandravanshi

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:1447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 31 of 2025 Smt. Hulas Jogi W/o Shri L.S Jogi Aged About 58 Years Resident Of Near Balmukund School, House No. 318, Bilaspur, Tahsil And District - Bilaspur (C.G.) ... Petitioner/Applicant versus 1 - Dinesh Kumar Jha Posted As Additional Director, Pre-Examination Training Centre, Bilaspur District Bilaspur (C.G.) 2 - R.P. Aditya Posted As The Divisional Joint Director, Public Instruction, Division, Bilaspur, District Bilaspur (C.G.) ... Respondents (Cause title, as taken from CIS) For Petitioner/Applicant : Mr. Kamlesh K. Pandey, Advocate For Respondent No.1 : Mr. Shikhar Shukla, Advocate on instruction. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 09/01/2025 1. This Contempt petition has been preferred by applicant under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 for non-compliance of the order dated 10.7.2024 passed in WPS No.2507/2024. 2. In para 3 & 4 of the order dated 10.7.2024 passed in WPS No.2507/2024, this Court has observed as under:- “3. Be that as it may, from the record it appears that the claim of the petitioner with respect of grant 2 of 3rd Time Bound Pay Scale has been recommended by respondent Nos. 2 to 3, it is expected that the respondent No. 3 shall take the decision on the recommendation made so above, within a reasonable period of time, preferably within a period 120 days from the production of copy of this order. 4. With these observations, this petition is disposed of. However, this Court has not expressed any opinion on merits of the case.” 3. Learned counsel for the applicant would submit that, counsel appearing for respondent No.1 has supplied a copy of communication dated 25.10.2024 today, made by Principal-cum-Upper Director, Office of Pre-Examination Training Centre, Bilaspur (CG), which disclosed that the decision has been taken in respect of grant of ‘3rd time bound pay scale’ to the applicant and vide aforesaid communication, applicant has been declined to grant ‘3rd time bound pay scale’. 4. Learned counsel appearing for respondent No.1 produced a copy of communication dated 25.10.2024 before this Court. He is directed to file the same along with covering memo, during the course of the day. 5. In view of contention made by learned counsel for the parties and the communication dated 25.10.2024 sent by Principal-cum-Upper Director, Office of Pre-Examination Training Centre, Bilaspur (CG) to the applicant informing her about the decision taken, no contempt case is made out, as such, this contempt petition is dismissed. 6. If applicant is not satisfied with the order passed by the respondents with regard to declining of ‘3rd time bound pay scale’, then such fact gives fresh cause of action to the applicant, it could not be termed as 3 non-compliance of order passed by the Court. Therefore, she may take recourse to law for redressal of her grievance. 7. Accordingly, the instant contempt petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.01.10 18:27:17 +0530