1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.211 of 2010 In Writ Petition No.3926 of 2005 (D) [Yuvraj s/o Nilkanth Sarpadhare v. Chief Engineer (Electrical) P.W.D., and others] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.R. Shrivastava, Advocate for Petitioner. Coram : R.K. Deshpande, J. Dated : 20 th October, 2010 This contempt petition complains about willful disobedience/breach of the order dated 8-9-2005 passed by the Division Bench of this Court in Writ Petition No.3926 of 2005. By this order, it was held that claim of the petitioner is not rejected. However, it could not be considered for want of vacancy and, therefore, the direction has been given that as when the vacancy would arise, the claim of the petitioner would be considered. Shri Shrivastava, the learned counsel appearing for the petitioner, has pointed out the communication dated 24-9-2010 issued by respondent No.2 stating that though the vacancy has arisen under the category of Special Backward Class, the petitioner could not be given an order of appointment, as it was found that he does not fulfill the age criterion for appointment. 2 Hence, the claim has been rejected. Shri Shrivastata submits that though this Court has directed the respondents to consider the claim of the petitioner as and when such vacancy would arise, it means that the petitioner is to be accommodated or appointed in the post. Such a contention cannot be accepted, as it is apparent that this Court has directed the respondents to consider the claim of the petitioner and there is no direction to the respondents to accommodate or appoint the petitioner in the post. From the communication dated 24-9-2010 issued by respondent No.2, it is apparent that the claim of the petitioner has been considered and rejected. In view of this, there is no substance in the contempt petition and the same is, therefore, dismissed. It is made clear that the dismissal of the contempt petition shall not come in the way of the petitioner to pursue other remedies for redressal of his claim. Judge pdl