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2021 DIGILAW 427 (UTT)

Atol Das v. Ranveer Singh

2021-10-21

MANOJ KUMAR TIWARI

body2021
JUDGMENT Manoj Kumar Tiwari, J. - Writ Court vide order dated 23.03.2017 passed in Writ Petition (S/S) No. 1161 of 2015 had directed the respondents to pay and release minimum of pay-scale to the petitioners alongwith grade-pay within ten weeks. Alleging non-compliance of the said order, this contempt petition was filed. 2. Learned Standing Counsel has informed the Court that against the order passed by Writ Court, Special Appeal No. 906 of 2018 was filed by the State, which was disposed of in terms of judgment dated 20.05.2019 rendered in Special Appeal No. 302 of 2019 and other connected cases. Operative portion of the judgment rendered in SPA No. 302 of 2019 is reproduced below:- "34. We consider it appropriate, in such circumstances, to modify the order passed by the learned Single Judge, and direct the appellants to consider the claim of the respondentsâwrit petitioners, in the light of the law declared by the Supreme Court in Joginder Singh[2] , Zabar Singh[3] , The Bihar Secondary Teachers Struggle Committee, Munger[4] , and Jagjit Singh[1], for being extended the minimum of the regular pay scales applicable to persons holding regular posts, bearing in mind the Government Order dated 08.10.2018 referred to hereinabove. The entire exercise, culminating in a decision being taken, and a reasoned order being passed, in this regard shall be completed at the earliest and, in any event, not later than four months from the date of production of a certified copy of this order." 3. From perusal of the judgment rendered in Special Appeal No. 302 of 2019, it is apparent that the order passed by Writ Court was modified and respondents were directed to consider claim of the petitioners, in the light of law laid down by Hon'ble Supreme Court in certain judgments, which are mentioned in the order passed by Division Bench in Special Appeal No. 302 of 2019. 4. Learned Standing Counsel has produced in Court today an order dated 18.10.2021 passed by Secretary (In-charge), Department of Forest, Government of Uttarakhand. The said order is taken on record. A copy of the said order has also been provided by learned Standing Counsel to petitioner's counsel in Court today. 5. 4. Learned Standing Counsel has produced in Court today an order dated 18.10.2021 passed by Secretary (In-charge), Department of Forest, Government of Uttarakhand. The said order is taken on record. A copy of the said order has also been provided by learned Standing Counsel to petitioner's counsel in Court today. 5. Perusal of the said order reveals that claim of the petitioners for grant of minimum of pay-scale was considered by the Competent Authority in the State Government and such claim of the petitioners has now been rejected for certain reasons indicated in the order dated 18.10.2021. 6. Since validity of the rejection order dated 18.10.2021 cannot be gone into in contempt proceedings, therefore, no useful purpose would be served by keeping this contempt petition pending. 7. Accordingly, the contempt petition is closed. Contempt notices issued to the respondents are hereby discharged. 8. However, petitioners shall be at liberty to approach the appropriate forum challenging the rejection order dated 18.10.2021 and they shall also be at liberty to seek other incidental reliefs, including minimum of pay scale.