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2000 DIGILAW 18 (SIK)

JAGAT BAHADUR KHATTRI v. RANJLT SINGH BASNETT, SECRETARY, DEPT. OF PERSONNEL ADMINISTRATIVE REFORMS AND training

2000-09-06

ANUP DEB, RIPUSUDAN DAYAL

body2000
RIPUSUDAN DAYAL, CJ. ( 1 ) THE petitioner submits that contempt was committed by the respondents in as much as judgment dated 19-4-1997 rendered by the Hon'ble single Judge of this Court in C. W. P. No. 1 of 1997 has not been complied with. Paragraph 11 of the judgment reads as under :-"11. It is, therefore, ordered that the writ petition be allowed in part on contest. The petitioner be treated as in continuous service from 23-4-84 with gazetted scale. The Office Order dated 18-10-96 be modified by way of treating the period from 15-11-86 to 19-8-88 as diesnon and incorporating the period from 1-9-88 to 31-12-88 as on duty with appropriate pay and allowances. The parties to bear their respective costs. "subsequently, vide order dated 21-5-97 passed in Civil Review Petition No; 3 of 1997, the learned single Judge gave the direction as under :-"it is, therefore ordered that Civil Review petition No. 3/97 is disposed of with a direction that the Government should immediately issue appropriate office order, if not already done, keeping in view the directions given by this Court in its judgment dated 19/4/97 in civil Writ Petition No. 1/97. " ( 2 ) WE find and it is agreed before us that vide Office Order No. 1183/g/dop dated 18/10/1996, the pay of the petitioner was inter alia fixed with effect from 23/4/94 at Rs. 660. It is not disputed that by this part of the Office order, the direction for giving the gazetted scale from 23/4/84 has been complied with. As regards the other directions, this order was subsequently modified by subsequent order No. 294/g/dop dated 14/5/1997. This order read with the earlier order complies with the direction that the period from 15/11/86 to 19/8/88 be treated as Dies Non. Pay at the rate of Rs. 2000/- was fixed for the period from 20/8/88 to 31/12/88. This order complies with the later part of the judgment dated 19/4/1997. Thus, the judgment has been fully complied with. The contempt petition is dismissed. Contempt Petition dismissed. --- *** --- .