Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 5223 (CHH)

ANIL KUMAR DAS v. SHRI MANOJ KUMAR PINGUA

CONT/135/2025 · 2025-02-05

Shri Arvind Kumar Verma

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:6685 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 135 of 2025 Anil Kumar Das S/o Shri Paras Nath Das Aged About 33 Years Presently Posted As Assistant Grade-Iii At The Office Of Chief Medical And Health Officer, Ambikapur, District- Surguja, Chhattisgarh, R/o Village- Jhumarpara, Post- Bhithikala District- Surguja (Chhattisgarh) ... Petitioner versus 1 - Shri Manoj Kumar Pingua Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur, C.G., Chhattisgarh 2 - Mrs. Priyanka Shukla Director Directorate Health Services, District Raipur, Chhattisgarh 3 - Prem Singh Marko Chief Medical And Health Officer Ambikapur, District- Surguja Chhattisgarh ---- Respondents (Cause title is taken from the CIS) ___________________________________________________________ For Petitioner : Mr. Ishan Verma, Advocate For Respondents No.2 & 3 : Mr. Gary Mukhopadhayay, Advocate appears on behalf of Mr. Vivek Sharma, Advocate ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 05/02/2025 2 1. The instant contempt petition has been preferred under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India for non-compliance of this Court’s order dated 25.06.2024 passed in W.P.(S) No.10 of 2014 (Anil Kumar Das v. State of Chhattisgarh & Ors.). 2. Learned counsel for the petitioner submits that this Court in WPS No.10 of 2014 vide order dated 25.06.2024, respondent No.4 was directed to grant regular annual increments to the petitioner. The authority concerned is also directed to make payment of arrears of increments from the date of appointment, till today. The arrears of the annual increments shall carry interest @ 6% per annum. He further submits that the Court further directed that for the next annual increment earned by the petitioner, the authorities are also directed to add annual increment from the month of August, 2024 in the salary of the petitioner regularly. It is further submitted that in compliance with the order dated 25.06.2024, the petitioner submitted multiple representations to the concerned authorities, seeking enforcement of the Court’s directions and requested the immediate implementation of the Court’s order and release the pending increments along with arrears and interest, but no response or action has been received and no steps have been taken to resolve his grievances. Despite submitting multiple representations to the various officials, none of them have 3 responded or taken any action, therefore, contempt proceedings may be initiated against the respondents for committing contempt against the order of this Court dated 25.06.2024 passed in W.P.(S) No.10 of 2014. 3. As per order of this Court in WPS No.10 of 2014 passed on 25.06.2024 as under : “8. Taking into consideration the above-stated facts, respondent No.4 is directed to grant regular annual increments to the petitioner. The authority concerned is also directed to make payment of arrears of increments from the date of appointment, till today. The arrears of the annual increments shall carry interest @ 6% per annum. 9. For the next annual increment earned by the petitioner, the authorities are also directed to add annual increment from the month of August, 2024 in the salary of the petitioner regularly.” 4. I have heard learned counsel for the parties, considered their submission made herein-above and gone through the records with utmost circumspection. 5. Considering the facts and circumstances of the case and prayer made by learned counsel for the petitioner. On perusal of the 4 documents, I have found that respondent No.4-the Chief Medical and Health Officer, Ambikapur, District Surguja has calculated arrears of increments from the date of appointment. Further, respondent No.4 has made memo to the Treasury Officer on 29.01.2025 and 04.02.2025 that pursuant to order passed by this Court in CONT No.135 of 2025, he released the amount of arrears. Despite the exercise carried out by respondent no.4, the Treasury Officer has made some objection. 6. When the order of this Court has became final, then the Treasury Officer do not have any right to reject the order of increment of arrears. 7. In view of the above, the instant contempt petition is disposed of directing the concerned respondent authorities to release the amount of arrears of the petitioner preferably within a period of 90 days from the date of receipt of copy of this order, subject to verification of the facts in accordance with law. 8. Accordingly, the present contempt case stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant