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2026:CGHC:24127
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 354 of 2019 Ravi Prakash Patel S/o Late Shri Bholanath Patel Aged About 40 Years R/o C/o M.L. Sharma, Bhattipara Road, Ward No. 5, Baikunthpur, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh
... Petitioner versus 1 - Dr. R.S.Jha The Director, Personal Department, Head Quarter, Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Shri Kumar Rajeev Ranjan The General Manager (Personal / Nee), South Eastern Coalfield Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Shri A.K. Saxena, The General Manager (Personal And Administration), South Eastern Coalfield Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Shri A.K. Padhi The General Manager (P And W), South Eastern Coalfield Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Shri S.P. Das The General Manager (P / Mp), South Eastern Coalfield Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
... Respondents For Petitioner : Mr. Amit Kumar Jaiswal, Advocate appears on behalf of Mr. Vipin Tiwari, Advocate
2 / 3 For Respondents : Mr. V.R. Tiwari, Senior Advocate assisted by Mr. Vinod Deshmukh, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 16.06.2026
1. Heard.
2.
Learned counsel for the petitioner submits that petitioner pursuant to
order passed by this Court is now working on the promotional post in Kusmunda, however, grievance of the petitioner at this stage is that respondents have not complied with the observation made by the Writ Court in para no. 6 and have not paid the emoluments for the period in which petitioner was not permitted to work on the promotional post.
3.
Learned counsel for respondents submits that, order passed in the writ petition, subject matter of the contempt petition which was put to challenge by the department by way of filing writ appeal bearing WA no. 360/2019 which was dismissed on 08.08.2019, against the order passed in writ appeal, the department has preferred an SLP before the Hon’ble Supreme Court bearing SLP(c) no. 21519-21520/2019 and vide order dated 13.09.2019 effect and operation of the impugned
order was stayed as also further contempt proceedings were stayed. He also submits that the SLP filed by the department was disposed of vide order dated 13.08.2024 and immediately thereafter, vide order dated 28.09.2024 petitioner was directed to take charge on the post of Clerical Grade-III at Kusmunda. Accordingly, petitioner has joined the promotional post at Kusmunda and is presently working on the promoted post. He also submits that so far as the submission made by
learned counsel for the petitioner with respect to non-compliance of
3 / 3 observation made by writ Court in para no. 6 of the order dated 08.01.2019 is concerned, the Court has only observed that it will be for respondent no. 1 to decide with regard to the payment of emoluments of petitioner. Respondent authorities have taken a decision in compliance of the order, subject matter of the contempt, on 01.07.2019 that petitioner is not entitled for any emoluments on the principle of “no work no pay”. If petitioner is aggrieved in any manner then petitioner can file appropriate proceedings challenging the decision of authorities of the department.
4. I have heard learned counsel for the respective parties.
5. Considering the fact that the petitioner has been ordered to join on the promotional post and petitioner has already joined as also he is working on the promoted post of Clerical Grade-III/ Assistant Grade – III at Kusmunda and further the decision has already been taken by respondent no. 1 on 01.07.2019 with regard to the entitlement for the emoluments to be paid to petitioner. In above facts of the case, I do not find any good ground to continue with the contempt petition.
6. Accordingly, proceeding is dropped, the notice issued to the respondents stands discharged.
7. Contempt petition is closed, however, petitioner will be at liberty to file appropriate proceedings before appropriate authority, if petitioner is aggrieved with the decision taken by authorities with regard to the entitlement of the emoluments . Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.06.18 10:59:40 +0530