IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CACP No.2 of 2002(O&M) Date of decision: 22.10.2009 Sh. R.N. Gupta & others. -----Appellants Vs. Harbans Singh and another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Suvir Sehgal, Addl.A.G., Punjab for the appellants. Mr. Gurminder Singh, Advocate for respondents. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, holding the appellants guilty of contempt under Section 12 of the Contempt of Courts Act, 1971 (for short, “the Act”). 2. The respondents were employed as Punjab Agriculture Service Class-II officers in the Statistical Wing of the Agricultural Department. They filed C.W.P. No.5290 of 1996, claiming pay scale equal to officers working in equivalent posts in Administrative Wing. The said claim was upheld vide judgment dated 7.1.1997. The respondents then filed contempt petition on 10.8.1998, alleging that order dated 7.1.1997 was willfully disobeyed. Plea of the respondents was accepted and vide order CACP No.2 of 2002 dated 18.10.2001. The appellants were held guilty of contempt and fine of Rs.2,000/- each was imposed. 3. This appeal came up for hearing on 15.9.1998 and following order was passed:- “We are prima facie of the view that the appellants have not committed any contempt of court. We say so because the directions given in CWP No.5290 of 1996 did not explicitly contain a direction that the order in Saravjit’s case should be applicable in the petitioner’s case as well. Saravjit’s case is CWP No.11697 of 1995 decided on May 6, 1995. Therefore, the petitioner has the option of either filing a CM in CWP No.5290 of 1996 to seek a direction in accordance with Saravjit’s case or filing a representation before the department. The petitioner is allowed to file a representation within two weeks which shall be decided within one month, meanwhile, the case is adjourned to 30.10.2008.” 4. In pursuance of the above order, order dated 31.10.2008 was passed by the State, which was against the respondents. The matter was again considered on 28.11.2008 and following order was passed:- “Under the orders dated September 15, 2008, the writ petitioners, who were working in the Administrative Wing of the Agricultural Department, had been allowed to file a representation within two weeks and this was to be decided within one month. The writ petitioners filed representation within the prescribed period whereupon the Financial Commissioner Development, Punjab passed the order dated October 31, 2008 rejecting the representation of the writ petitioners. 2 CACP No.2 of 2002 The rejection of the representation means that equal pay for equal work is being denied to the writ petitioners and parity of pay between the writ petitioners and the officers belonging to Class-II of the Administrative Wing has not been accepted. When the original Writ Petition No.5590 of 2006 (Statistical Wing) was decided but there was no explicit direction that the case of the writ petitioners would be covered by Saravjit’s case which had been decided earlier. In view of the above, the appellants seek more time to re-consider the whole issue and to pass a fresh order by reviewing their order dated October 31, 2008. Adjourned to January 14, 2009. Copy of the order be given dasti under the signatures of Special Secretary of this Court.” 5. Thereafter, order dated 19.2.2009 has been passed in favour of the respondents. 6. Learned counsel for the parties state that nothing survives and the impugned order may be quashed. 7. Accordingly, this appeal is allowed and impugned order of conviction of the appellants is set aside. (ADARSH KUMAR GOEL) JUDGE October 22, 2009 ( GURDEV SINGH ) ashwani JUDGE 3