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2025 DAILYLAW 61449 (CHH)

T. S. TANWAR v. DR. S. BHARTHIDASAN -

CONT/1044/2024 · 2025-12-10

Shri Naresh Kumar Chandravanshi

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:60231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1109 of 2024 Parmeshwar Idpache S/o Late Bhiv Ram Idpache Aged About 53 Years Presently Posted As Principal, Government Industrial Training Institute, Jagdalpur, District Bastar, Chhattisgarh. --- Petitioner versus Dr. S. Bhartidasan Secretary, Skill Development, Training And Technical Education And Employment Department, Chamber No. 52/3, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. --- Respondent CONT No. 1044 of 2024 T. S. Tanwar S/o Late Chandrabhan Singh Aged About 54 Years Presently Posted As Principal, Government Industrial Training Institute Bhilai, District Durg (C.G.) ---Petitioner Versus Dr. S. Bharthidasan - Secretary, Skill Development, Training And Technical Education And Employment Department, Chamber No. 52/3, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.),...(Contemnor) --- Respondent For Petitioners : Mr. Syed Majid Ali, Advocte For Respondent : Mr. RS Marhas, Advocate BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.12.12 17:59:05 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 11.12.2025 1. Since both the above contempt petitions have been filed against non compliance of same order, they are heard analogously and being disposed of by this common order. 2. The applicants have preferred these contempt petitions under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging non-compliance of Order dated 26.7.2024 passed in WA No.466/2024 (Annexure-C/1). 3. Learned Division Bench has passed following order in aforesaid writ appeal, which reads as under:- 6. From bare perusal of the order impugned dated 24.06.2024 it appears that the eligibility of the petitioners for promotion on the post of Principal Grade1/Deputy Director has been considered by the learned Single Judge however has directed to conduct the fresh DPC for promotion of the petitioners. The claim of the petitioners are that on the DPC held on 16.03.2020 their name have been considered and found fit and eligible for promotion and out of the same DPC, two Principal Grade-II, Premanand Gawel and T.R. Dewangan have been given promotion vide order dated 29.12.2023 and 02.01.2024, respectively there is no reason for not extending the benefits of the same DPC and to direct the respondent to convene the fresh DPC. with respect to the petitioners. When the eligibility of the petitioners have already been considered and from the same list some of the Principal Grade-II have been promoted, the petitioners are also entitled for their promotion on the recommendation of the same DPC dated 16.03.2020 in accordance with the Rules. 7. Therefore, on the considered opinion of this Court, 3 the writ appeal is liable to be allowed to the extent that the petitioners are entitled for their promotion on the post of Principal Grade-1/Deputy Director from the post Principal Grade-II on the basis of the recommendation of DPC dated 16.03.2020 and that part of the impugned order regarding the direction to conduct fresh DPC is hereby set-aside. 4. Learned counsel for the applicants submits that against the Order dated 26.7.2024 passed in WA No.466/2024, the State Government has preferred Special Leave to Appeal (C) No.(s).7754-7755/2025, which has been dismissed by the Apex Court vide Order dated 27.11.2025, therefore, now the respondent is duty bound to comply with Order dated 26.7.2024 passed in WA No.466/2024 by the Hon’ble Division Bench. He would further submits that DPC is not required to be convened and order under contempt can be complied with by the respondents. 5. In reply, learned counsel for the respondents would submit that since the SLP preferred by the State has been dismissed by the Apex Court, therefore, order under contempt passed by the Hon’ble Division Bench shall be complied with. He further submits that order shall be complied with within 45 days from today. 6. Having heard learned counsel for the parties, since learned counsel appearing for the respondent undertakes that order under contempt shall be complied with within 45 days from today, therefore, no useful purpose would be served to keep this petition pending. Hence, the same is disposed of directing the respondent to comply with Order dated 26.7.2024 passed in WA No.466/2024 by Hon’ble Division Bench. 7. Accordingly, the contempt petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini 4