[2026:RJ-JP:6695] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No. 866/2019 In SB Civil Writ Petition No. 1700/1999 Laxmi Narain Sharma S/o Shri Bhanwar Lal Sharma, Aged 60 Years, Resident Of Plot No. 13, Sharma Colony Near Kartarpura Railway Phatak, Jaipur ----Petitioner Versus 1. Shri Rohit Singh, I.A.S. Principal Secretary To The Government, Medical And Health Department, Sachivalaya, Jaipur 2. Dr. Sudhir Bhandari, Principal, S.m.s. Medical College, J.l.n. Marg, Jaipur 3. Dr. Mrinal Joshi, Director, Rehabilitation Research Centre, Sms Medical College And Hospital, Jaipur 4. The State Of Rajasthan, Through Secretary To The Government, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr R.C. Joshi For Respondent(s) : Ms. Tanvisha Pant for Mr. Vigyan Shah HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/02/2026 1. This contempt petition is preferred for non-compliance of the order dated 11.09.2018 passed by Principle Secretary, Medical and Health Services passed in SB Civil Writ Petition No. 1700/1999. 2. It is contended by learned counsel for the petitioner that vide order dated 11.09.2018, the Court passed the following order:- "taking note of all the aforesaid facts and the additional affidavit filed by the Principle Secretary, Medical & Health Department, this court is of the view that the petitioner who has been working since 1979 on the post of helper [2026:RJ-JP:6695] (2 of 4) [CCP-866/2019] was entitled to be considered for appointment as Metal Limb Maker in the pay-scale along with persons who have been appointed on temporary basis vide order dated 31.10.1979. However, the petitioner has raised his grievance after a lapse of almost 20 years and in the meanwhile the petitioner has already been granted benefit of selection scale in terms of the circular issued by State Government and is thus drawing higher pay." 3. It is argued by learned counsel for the petitioner that the State Government has issued an office order dated 15.04.2023 whereby the petitioner was promoted to the post of Metal Limb Maker from 17.02.2005 instead of 31.01.1979, therefore, the respondents have yet not complied with the impugned order. It is also contended that the petitioner has submitted an additional affidavit controverting the facts mentioned in the reply and urged that the respondents may be directed to comply with the order dated 11.09.2018 and promote the petitioner to the post of Metal Limb Maker from 31.01.1979. 4. Learned counsel for the respondent vehemently opposed the contempt petition and contents that vide order dated 11.09.2018 the court after recording the observation, passed following order:- "Be that as it may, taking into consideration that the petitioner is languishing on the post of Helper for 20 years and is performing work as Metal Limb Maker and in view of affidavit filed by Principal Secretary, the State Government is directed to consider the case of the petitioner for upgrading the post of helper holding by the petitioner as Metal Limb Maker and provide the petitioner actual benefits of the pay-scale of Metal Limb Maker from the date the post of Metal Limb Maker was available with the department. The arrears calculated accordingly be also released in favour of the petitioner." 5. It is contended that direction was only to consider the case of the petitioner for upgrading from the post of helper to the post of Metal Limb Maker and provide petitioner actual benefits of pay scale of Metal Limb Maker from the date the post of Metal Limb Maker was available. It is contended that there was no direction [2026:RJ-JP:6695] (3 of 4) [CCP-866/2019] issued by the Court, that the petitioner shall be granted appointment to the post of Metal Limb Maker from 31.10.1979. It is further contended that the petitioner was appointed as helper on 31.01.1979, therefore he could not have been appointed as Metal Limb Maker from said period, as the post of Metal Limb Maker, became available in the year 2005 and from that date the petitioner has been already promoted to the post of Metal Limb Maker vide office order dated 15.04.2005 (Annexure R/1). Therefore, the petitioner has been granted promotion by the Department, as sought after considering his case, therefore, the order has been substantially complied with and no contempt is made out. Therefore, considering the above facts, the present contempt petition may be dismissed. 6. Heard and perused impugned order dated 11.09.2018. 7. In the operative para of the order the court has not directed that petitioner shall be considered for promotion to the post of Metal Limb Maker form 31.01.1979. The aforesaid directions were made only with regard to petitioners' consideration for the appointment to the post of Metal Limb Maker as per the availability of post. 8. Thus, in the operative part the direction was only with regards to considering the case of petitioner for upgrading from the post of helper to Metal Limb maker from the date, the post of Metal Limb Maker was made available with the Department. The department vide order dated 15.04.2003, after promoting the petitioner to the post of Metal Limb Maker, from 17.02.2005 as provided the required benefits. [2026:RJ-JP:6695] (4 of 4) [CCP-866/2019] 9. Therefore, in the light of the order passed in SB Civil Writ Petition No. 1700/1999, the Department has made substantial compliance by passing an order dated 15.04.2023, if still the petitioner is aggrieved with the order, then the petitioner is free to approach the appropriate forum. 10. In aforesaid terms, the contempt petition stands disposed of and rule is discharged. (PRAVEER BHATNAGAR),J ashu /41