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2016 DIGILAW 646 (SC)

Chief Executive Officer, Zilla Parishad, Nagpur v. Minendrakumar

2016-04-27

PRAFULLA C.PANT, RANJAN GOGOI

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ORDER : Leave granted. 2. Writ Petition No.4204 of 2001 out of which the present appeal has arisen was filed by three writ petitioners including the respondent No.1 herein as the third writ petitioner. It was answered by the High Court by order dated 10th August, 2010 in the following terms: "Order (i) Writ Petition is allowed. (ii) Respondent No.3 - Zilla Parishad is directed to appoint the petitioners strictly in accordance with the directions issued by the Government as per Annexure-I dated 31.10.2000/ 6.11.2000 by placing them in appropriate post and grade and further to give them all benefits flowing from the said directions from the Government. (iii) Respondent No.3- Zilla Parishad to pay costs of Rs. 2,000/- (Rupees Two Thousand only) to each of the petitioners." 3. Two translated versions of the Government Order dated 31st October, 2000/6th November, 2000 referred to in the aforesaid order of the High Court dated 10th August, 2010 have been placed on record. Reading of either discloses that the decision of the Government was to appoint the writ petitioners in the said writ petition initially as Mistri Grade-II and thereafter to absorb them as Civil Engineering Assistants as and when the vacancies become available in the said cadre. Pursuant thereto the respondent No.1 - writ petitioner was appointed as Mistri Grade-II by order dated 8th April, 2011 and subsequently was absorbed in the post of Civil Engineering Assistant by order dated 31st August, 2012. Their inter se seniority in the said cadre was also fixed in terms of the relevant Government Resolutions. Contending that the respondent - writ petitioner is entitled to pay and allowances with effect from 2nd November, 1999 (the date of recommendation by the Selection Board) and fixation of seniority and all other service benefits, Contempt Petition No.150 of 2013 was filed wherein the impugned order dated 20th December, 2014 has been passed. 4. A reading of the aforesaid order of the High Court dated 20th December, 2014 would go to show that the High Court seems to have taken the view that the appointment and absorption of the respondent No.1 - writ petitioner was not in sufficient compliance of the order of the High Court dated 10th August, 2010 in Writ Petition No.4204 of 2001 and that the further action in terms of the back wages, fixation of seniority, etc. was required to be done by the Zilla Parishad. Aggrieved, this appeal has been filed. 5. Having heard the learned counsels for the parties at length and having regard to the order of the High Court dated 10th August, 2010 passed in Writ Petition No.4204 of 2001, Government Order dated 31st October, 2000/6th November, 2000 and the consequential orders dated 8th April, 2011 and 31st August, 2012 we are of the view that the aforesaid two orders dated 8th April, 2011 and 31st August, 2012 constitute full and complete compliance of the order of the High Court dated 10th August, 2010 passed in Writ Petition No.4204 of 2001. The said order of the High Court does not contemplate any further entitlement of the respondent No.1 -writ petitioner as claimed in the Contempt Petition so as to enable the High Court to take the view as projected in the order under challenge. 6. Consequently, the order of the High Court dated 10th August, 2010 is clarified in the above light and the appeal is allowed as indicated above.