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2014 DIGILAW 982 (MP)

Rajesh Agrawal v. R. G. Shilpkar

2014-08-08

SANJAY YADAV

body2014
JUDGMENT 1.Heard on admission. Alleging willful disobedience of order dated 27.11.2013 passed in writ petition No. 20663 of 2012, present petition is filed under Article 215 of the Constitution of India for punishing the respondents. 2. Petition was for direction to pay regular pay of the post on which he was appointed on compassionate ground. Drawing parity with the petitioners in State of Madhya Pradesh and Others Vs. Ajay Shrivastava and Others, W.A. No. 630 of 2011, the petition was disposed of on 27.11.2013 with the direction that: "Keeping in view of the aforesaid, respondents are directed to allow the petitioner proper pay scale applicable to the post on which he has been classified retrospectively when the petitioner has been classified on the said post vide Annexure P/3 benefit be given within a period of two months from the date of receipt of certified copy of this order." 3. The respondents in compliance to direction considered the claim of the petitioner and by order dated 22.3.2014 sanctioned Rs. 3350/- per month plus variable allowance of Rs. 2450/- per month. 4. Though it is contended that the order dated 22.3.2014 is not in consonance with the direction in writ petition; however, it is observed that the writ petition was disposed of with the direction to consider the grant of proper pay applicable to the post on which he was classified. And in absence of any order acknowledging the petitioner being classified in a regular establishment the order dated 22.3.2014 passed in pursuance to direction in writ petition cannot be said to be a willful disobedience. 5. In view whereof since no case of willful disobedience is made out, contempt petition fails and is dismissed. No costs.