2025:JHHC:35662 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (C). No. 1144 of 2024 ---------- Chittaranjan Nayek, son of late Ramesh Chandra Nayak, resident of Brahman Toli, P.O. & P.S. Bundu, District Ranchi (Jharkhand). ………. Petitioner Versus 1. The State of Jharkhand 2. Mr. Binod Narayan, Registrar, Ranchi University, Ranchi, P.O. G.P.O. and P.S. Kotwali, District Ranchi. ………. Opp. Parties. --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Prem Pujari Roy, Advocate For the State : Mr. Manish Mishra, GP-V Mr. Harsh Preet Singh, AC to GP-V Ms. Priti Priyamvada, AC to GP-V For the University : Mr. Anoop Kr. Mehta, Advocate Mr. Pratyush, Advocate Mr. Amit Kr. Sinha, Advocate ---------- 08/ 28.11.2025 The instant application has been filed for following reliefs: That by way of this application, the petitioner prays for initiating a contempt proceeding against the opposite parties and adequately punishing them for their willful disobedience/non- compliance of the order dated 13.07.2024 passed by a Bench of this Hon'ble Court, presided over by Hon'ble Dr. Justice S. N. Pathak, in Cont. Case (C) no. 1050 of 2023, whereby in view of the specific undertaking given by the opposite party no. 3 in the National Lok Adalat i.e." Entitlement of petitioner has been admitted by the opposite party-University as well as State. Learned counsel for the respondent-State submits that State has already disbursed the amount to the Ranchi University and the same has to be paid by the University. Mr. Binod Narayan, Registrar, Ranchi University present before the National Lok Adalat gives an undertaking that the amount as per entitlement shall be paid to the petitioner within a period of three weeks from the date of receipt/production of a copy of this award. Learned counsel for the petitioner does not object to the same. In view of fair submissions of learned counsel for the parties and in view of undertaking given by the Registrar, Ranchi University. Ranchi, the matter stands settled and award is decreed'; however, the said undertaking given by opposite party no. 3 contained in direction/order dated 13.07.2024 has not been complied with till today i.e. even after 10 years from the date of superannuation from service which is highly unfortunate and pathetic. 2025:JHHC:35662 2 2. From the records it appears that initially W.P.(S). No. 5220 of 2017 was disposed of by this Court, which is the root cause of this case, wherein the Writ Court has passed the order in following manner: “9. In view of fair submissions made by the learned counsel for the parties, this writ petition is being disposed of in terms of observations made in W.P.(S) No. 3260 of 2016. I direct the respondent No. 2, The Director Higher Education, Human Resource Development Department, Govt. of Jharkhand, Ranchi to consider the claim of the petitioner, in accordance with law and to come to an independent conclusion whether the petitioner is entitled to get the benefit of the recommendation of the 5th and 6th Pay Revision Commissions from the respective due dates. While arriving to a conclusion, the respondent No. 2 will take into consideration the notification issued by the Ranchi University, by which the services of the petitioner stood regularized. He will also take into consideration the provisional pay fixation done by the Ranchi University, which has been forwarded to the State. This exercise should be completed by the Director, Higher Education, Human Resource Development Department, Govt. of Jharkhand, Ranchi, within a period of twelve weeks from the date of receipt of a copy of this order. 10. If it is found that the petitioner is entitled to get the benefits, as claimed, necessary consequential order shall also be passed within a period of three weeks thereafter. If any amount is to be sanctioned for disbursing to the University for making payment to the petitioner, the same should be done within a period of five weeks thereafter. The University on receipt of such amount will disburse the same to the petitioner within a period of two weeks thereafter. 11. It is made clear that if the petitioner herein, are on similar footings to the petitioners in W.P.(S) No. 3260 of 2016 and W.P.(S) No.5197 of 2017, similar benefits must be extended to the present petitioner also, as respondents have already granted the benefits to the petitioners of W.P.(S) No. 3260 of 2016, vide order dated 04.05.2017 issued by the Vice-Chancellor, Ranchi University. As the petitioner is already retired, his pension shall also be revised, in accordance with law, if found eligible.” 3. For non-compliance of the Writ Court’s order, Cont. Case No. 1050 of 2023 was filed and thereafter, the matter was also sent to the National Lok Adalat, where one of the Officers has given undertaking to comply the order and when the said undertaking was not complied, the present Contempt Application was filed. 4. In any view of the matter, this Court is to see as to whether the original Writ Court’s order has been complied or not. In the 2025:JHHC:35662 3 original Writ Court’s order, the Writ Court has categorically given leverage to the concerned respondents by holding as, “………….. I direct the respondent No. 2, The Director Higher Education, Human Resource Development Department, Govt. of Jharkhand, Ranchi to consider the claim of the petitioner, in accordance with law and to come to an independent conclusion, whether the petitioner is entitled to get the benefit of the recommendation of the 5th and 6th Pay Revision Commissions from the respective due dates ………………”. 5. Further, it is indicated in para-10 as, “……If it is found that the petitioner is entitled to get the benefits…………….”. 6. The case of the petitioner is that during the pendency of the earlier contempt application being Cont. Case (C). No. 204 of 2022, the pay of the petitioner has been fixed as per 5th PRC, however, even after the undertaking, the entire payment has not been made but they continued to pay as per 5th PRC and now, by way of show-cause dated 29.03.2025, filed by the Opposite Party No. 2 in this case; order dated 17.02.2025 (Annexure-A), has been passed whereby the petitioner has been denied the benefits of 6th and 7th PRC. 7. The case of the opposite parties is that the 5th PRC was done provisionally because of the threat of contempt application. Learned counsel for the opposite parties produced a letter dated 12.09.2022, which has been taken on record for proper appreciation of the case. 8. From bare perusal of the said letter, it is clear that the 5th PRC was settled provisionally and now, after going through the aforesaid document which has been taken on record read with letter dated 17.02.2025, rejecting the claim of petitioner for grant of 6th and 7th PRC, this Court is of the considered view that no contempt is made out. 2025:JHHC:35662 4 9. It is true that the claim of the petitioner has been rejected but it can’t be said that there is contempt of the Writ Court’s order for the discussions made hereinabove. 10. The contention of the petitioner is that contempt would lie due to the undertaking of the Officer present in the National Lok Adalat. In this regard, it would be profitable to refer the judgment passed in Arun Kumar Gupta & Ors. Vs. Karnal Motors Pvt. Ltd.1 wherein in para-37 and 38, the Hon’ble Punjab & Haryana High Court has held as under: “37. Be that as it may, since in judgment rendered by the Apex Court in case titled as Brajnandan Sinha versus Jyoti Narain, AIR 1956 SC 66, it has been expostulated that the Lok Adalat, does not hold the trappings of a Court, whereby the awards’ made by the Lok Adalats, if become infringed, do not generate in the aggrieved any cause of action to raise any actionable claim for contempt thereofs. Resultantly thereby no actionable contempt arose from the award of the Lok Adalat…………………… 38. Resultantly, the making of the impugned order based upon the supra extracted award of the Lok Adalat, which is not a Court, but makes the impugned order to suffer from a gross illegality and perversity.” 11. It is also relevant to mention that there is specific case of the opposite parties that the said Award was not signed by the Officer present in the National Lok Adalat. In this regard he has also referred to the judgment passed in the case of State of Punjab & Anr. Vs. Jalour Singh & Ors.2 wherein the Hon’ble Apex Court has held as under: “12. It is true that where an award is made by the Lok Adalat in terms of a settlement arrived at between the parties (which is duly signed by parties and annexed to the award of the Lok Adalat), it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court. If any party wants to challenge such an award based on settlement, it can be done only by filing a petition under Article 226 and/or Article 227 of the Constitution, that too on very limited grounds. But where no compromise or settlement is signed by the parties and the order of the Lok Adalat does not refer to any settlement, but directs the respondent to either make payment if it agrees to the order, or approach the High Court for disposal of appeal on merits, if it does not agree, is not an 1 2025 Supreme (P&H) 81 2 (2008) 2 SCC 660 2025:JHHC:35662 5 award of the Lok Adalat. The question of challenging such an order in a petition under Article 227 does not arise. As already noticed, in such a situation, the High Court ought to have heard and disposed of the appeal on merits.” 12. Having regard to the aforesaid discussions, specifically the directions given by the Writ Court which has given leverage to the concerned respondents to take an independent decision, and since a decision has already been taken in this case, which is part of show- cause dated 29.03.2025, no contempt is made out. 13. Accordingly, the instant application stands disposed of as no contempt is made out. However, the petitioner would be at liberty to challenge the letter dated 17.02.2025 (Annexure-A), if so advised, in a separate writ application. 14. Pending I.A.(s), if any, also stand closed. (Deepak Roshan, J.) 28th November, 2025 Kunal/- Uploaded on 01/12 /2025