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2026 DAILYLAW 18076 (RAJ)

MAHENDRA KUMAR SHARMA S/O SHRI HANUMAT SHAI SHARMA v. SHRI SUDHANSHU PANT THE PRINCIPAL SECRETARY

CCP/706/2023 · 2026-02-04

Praveer Bhatnagar

Contempt Petitionbody2026

Judgment text

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[2026:RJ-JP:5236] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No. 706/2023 Mahendra Kumar Sharma S/o Shri Hanumat Shai Sharma, R/o Mundia Ramsar, Tehsil And Distt. Jaipur. ----Petitioner Versus 1. Shri Sudhanshu Pant The Principal Secretary, Govt. Of Rajasthan, Department Of Public Health And Engineering (Phed) Govt. Secretariat, Jaipur. 2. Shri Rakesh Luhadia, The Chief Engineer (Admn), Department Of Public Health And Engineering (Phed), Jal Bhawan, Hasanpura Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Dharam Chand Jain For Respondent(s) : Mr. Aditya Godara for Ms. Mahi Yadav, AAG HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 04/02/2026 It is contended by learned counsel for the petitioner that the respondents have not complied with the order dated 20.07.2021. The respondents were directed by order dated 20.07.2021 to consider the absorption of the petitioner to the post of foreman first as per the Absorption Rules, 1969 and also to consider the petitioner's promotion with higher post i.e. AEN as per his eligibility along with fixation and pensionary benefits. It is also contended that though the respondents have granted benefits of absorption to the petitioner to the post of foreman first from 17.03.1997, however, they ought to have promoted the petitioner to the post of AEN from 17.03.1997. The order of promotion for [2026:RJ-JP:5236] (2 of 3) [CCP-706/2023] the post of AEN was given to the petitioner vide order dated 19.01.2026, from 2006-2007, thus, the respondents have not complied with the directions given by the Rajasthan Civil Services Appellate Tribunal, Jaipur. Contrarily, it is argued by learned counsel for the respondents that they have substantially complied with the directions passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur. The petitioner was absorbed to the post of foreman first as per the absorption rules, 1969 from 17.03.1997 and further the petitioner has been promoted to the post of AEN after conducting the DPC for the year 2007-2008 and consequential benefits arising from the aforesaid order is also been granted. The PPO has already been issued for revising the pension, therefore, there is no willful non-compliance of the order. The respondents have substantially complied with the order, therefore, the contempt petition may be dismissed and notices may be discharged. Heard and perused the material available on record. The Rajasthan Civil Services Appellate Tribunal, Jaipur vide order dated 20.07.2021 at Annexure A-1 directed the respondents to consider the petitioner's absorption to the post of foreman first, as per the Rules of 1969 and also to grant promotion to the post of AEN or higher post and other consequential benefits etc. The respondents absorbed the petitioner's to the post of foreman first vide order dated 14.02.2023, subsequently, the petitioner has also been promoted from the post of foreman first to the post of AEN after conducting the DPC for the year 2007- [2026:RJ-JP:5236] (3 of 3) [CCP-706/2023] 2008 and order has been passed on 19.01.2026 including fixation of pay and revised PPO. Considering the aforesaid facts, this Court do not find that the respondents have committed any non-compliance of the order passed by the Tribunal, if still the petitioner is aggrieved with the orders passed by the respondent, then the petitioner is free to approach the appropriate forum for his grievance. Hence, the civil contempt petition is dismissed. The notices issued against the contemnors are discharged. The applications are also disposed of. (PRAVEER BHATNAGAR),J Keshav/Rachna/38