SAURABH VERMA v. SHRI P. ANBALAGAN, I.A.S. SECRETARY
CONT/935/2024 · 2025-04-07
Shri Arvind Kumar Verma
Contempt Petitionbody2025
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[ 2025 DAILYLAW 32431 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 32431 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:16305
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR (Order reserved on 20/03/2025) (Order delivered on 07/04/2025) CONT No. 935 of 2024 1 - Saurabh Verma S/o Late Shri K.M. Verma Aged About 41 Years Presently Posted As Tourist Officer At Saila Tourist Resort Mainpat Sarguja, District Sarguja. R/o Droupadi Sadan Near Power House, Behind Kotwali Thana, Mayapur, Ambikapur, District - Sarguja, Chhattisgarh.
... Petitioner versus 1 - Shri P. Anbalagan, I.A.S. Secretary Department of Tourism Chhattisgarh Government Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District-Raipur, Chhattisgarh. 2 - Shri Jitendra Shukla, I.A.S. Managing Director, Chhattisgarh Tourism Board Raipur Udyog Bhawan, IInd Floor Ring Road No.1, Telibandha Raipur District - Raipur, Chhattisgarh. 3 - Shri Sandeep Thakur, Dy. General Manager, Chhattisgarh Tourism Board Raipur Udyog Bhawan, IInd Floor Ring Road No.1, Telibandha Raipur District - Raipur, Chhattisgarh.
... Respondents For Petitioner : Mr. Jitendra Nath Nande, Advocate For Contemnors No.1 & 2 : Mr. A.S. Kachchwaha, Advocate
(Hon'ble Shri Arvind Kumar Verma, Judge) C A V Order ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.04.09 10:49:45 +0530
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1. The instant contempt petition has been filed alleging non-compliance of the order dated 10/01/2024 passed by this Court in WPS No.10125 of 2019, whereby the said writ petition was disposed of directing the respondents/department as well as the State Government to consider the case of the petitioner for regularization /absorption strictly in accordance with law preferably within a period of six months from the date of receipt of a copy of this order.
2.
Learned counsel for the petitioner would submit that after the order passed by this Court, the petitioner made a representation before the respondent authority/contemnor on 19/01/2024, however, despite that the concerned respondent authority has not taken any step to comply the order passed by this Court. Therefore, this is willful disobedience of the order passed by this Court.
3. Per contra, learned counsel for the contemnors No.1 & 2 would place on record the copy of the order dated 19/03/2025 and would submit that the appointment order has been issued in favour of the petitioner on the post of Tourism Officer, in the office of Tourist Information Center, Toursim Office, District Dantewada, C.G. He would lastly contend that in view of the above, no contempt is made out against the contemnors and the contempt petition deserves to be dismissed.
4. I have heard learned counsel for the parties and perused the documents.
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5. The petitioner has initially filed a writ petition bearing WPS No.10125 of 2019 wherein this Hon’ble Court has passed the following order:-
9. Considering the submissions made by respective counsels, it is not in dispute that the petitioner was appointed to the post of Management Trainee in the year 2004 and his colleagues who were appointed along with him and after him, their services have been regularized or absorbed by the department. The State Government as well as the Department could not advance any clinching material to demonstrate that the case of the petitioner is different from the Management Trainees, whose services were regularized by the department.
10. In light of the law laid down by the Hon’ble Supreme Court in Raman Kumar (supra) and Ravi Kumar (supra), if the case of the petitioner is not considered by the respondents, non-regularizing services of the petitioner would lead to discrimination and violation of Article 14 of the Constitution of India, therefore, the present petition is
disposed of with a direction to the respondents/department as well as the State Government to consider the case of the petitioner for regularization/absorption strictly in accordance with law preferably within a period of six months from the date of receipt of a copy of this order.
6. Against the said order a review petition bearing REVP No.141 of 2024 was also preferred which has been dismissed by this Court on 10/07/2024. Thereafter, a writ appeal bearing W.A. No.595 of 2024 was also preferred which has also been dismissed by order dated 23/09/2024 and the said order of writ appeal was assailed by the State of Chhattisgarh before Hon’ble the Supreme Court in SLP (C) No.5937 of 2025 and the Hon’ble Supreme Court has also dismissed the SLP.
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7. In view of the above, the order of the High Court has attained finality. Now coming to the compliance made by the contemnors. From perusal of the order dated 19/03/2025 passed by the C.G. Tourism Board, Raipur, it is apparent that pursuant to the order passed by this Court, the services of the petitioner has been regularized and he has been given regular appointment on the post of Tourism Officer. Therefore, the order passed by this Court has been complied with as this Court had only directed to regularize the services of the petitioner and the said part of the order has been complied with. The order dated 19/03/2025 is taken on record.
8. In view of the above, no deliberate contempt has been made out against the contemnor. Accordingly, the contempt proceedings are closed and the contempt petition is disposed of. However, if the petitioner is not satisfied with the order passed by the respondents/contemnors, he shall be at liberty to assail the order passed by the respondent authorities to avail the appropriate remedy as available to him under the law.D/- SD/-
(Arvind Kumar Verma) Judge Ashu