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2025 DAILYLAW 15471 (CHH)

DHAN SINGH PATEL v. NARENDRA KUMAR DUGGA

CONT/450/2024 · 2025-01-17

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:3243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 450 of 2024 1 - Dhan Singh Patel S/o Shri Ugrasen Patel, Aged About 65 Years R/o Ashok Nagar, In Front Of Harsh Heavens Tower, Chantidih, Bilaspur District Bilaspur Chhattisgarh ... Applicant versus 1 - Narendra Kumar Dugga Secretary And Commissioner (Additional Charge), Department Of Schedule Tribe And Schedule Caste Development Raipur, District Raipur Chhattisgarh. ... Respondent For applicant : Mr. Ashutosh Mishra, Adv. For Respondent : Ms. Priyanka Rai, Adv. (Hon’ble Shri Naresh Kumar Chandravanshi, J) Order on Board 17-1-2025 1 This contempt petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India has been preferred by the applicant for non-compliance of order (Annexure C-1) dated 22-11-2023 passed in WPS No. 3883/2013. 2 Vide order (Annexure C-1) dated 22-11-2023 passed in WPS No. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.01.21 10:55:40 +0530 2 3883/2013, this Court passed following order in para 13 and 14 as under :- “13. Looking to the facts and circumstances of the case, this petition is allowed and the petitioner is entitled to get all consequential benefits from the promotion date i.e. 01.07.1996 and he is also entitled to get arrears of salary between the previous post and the promotional post. 14. The State is directed to pay arrears within the outer limits of four months from the date of receipt of copy of this order.” 3 Learned counsel for the applicant submits that, 1st part of the order under contempt has been complied with by the respondent, as applicant has been granted consequential benefits from the date of promotion i.e. 1-7-1996, but second part of the order to grant 2 promotions on the post of Deputy Commissioner and Additional Director has not been complied with and arrears of salary for aforesaid 2 posts have also not been given to him. Therefore, contempt proceeding be initiated against respondent. 4 Learned counsel for the respondent would submit that, order (Annexure C-1) dated 22-11-2023 passed in WPS No. 3883/2013 has been complied with by the department and order dated 18-10-2024 has been passed in this regard. Therefore, no case for contempt is made out. She produced the order dated 18-10-2024 passed by the Commissioner, Adim Jati tatha Anusuchit Jati, Pichhada Varg Avm Alpsankhyak Vikas, Naya Raipur. She is directed to file aforesaid order during the course of the day along with a covering memo. 5 Heard learned counsel for the parties and perused the material available on record. 6 Learned counsel for the applicant himself admitted that, 1st part 3 of order under contempt has been complied with. So far as second part of the order is concerned, it was directed that applicant is entitled to get arrears of salary between previous post and promotional post. He informed the Court that, prior to 1-7-1996, he was posted as Assistant Project Officer, subsequently, vide order dated 1-7-1996, he was promoted on the post of Assistant Commissioner (Tribal). Perusal of order dated 18-10-2024 issued by the respondent, shows that in compliance of order of this Court, the applicant has been paid arrears of amount Rs. 87,834/- for the piriod of 1-7- 1996 to 24-5-2000. Thus, it is found that second part of the order under contempt has also been complied with. Thus, since the order under contempt has been complied with, therefore, no case for contempt against the respondent is made out. If the applicant is dissatisfied with the order dated 18-10-2024, then he may file appropriate proceeding for redressal of his grievance in accordance with law. 7 Accordingly, the rule issued to respondent is discharged and contempt proceeding is dropped. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak