IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. CIVIL CONTEMPT No. 209/2008 Jagmohan Singh Rawat .. Petitioner. Versus Mr. Saurabh Jain .. Respondent. Sri Sharad Sharma, Advocate for the petitioner. Sri N.P. Shah, learned Standing Counsel for the Respondent. Dated: 18-3-2009 Hon’ble B.C. Kandpal, J. By was of this petition under Section 12 of the Contempt of Court Act, the petitioner has prayed for summoning of the respondent and punishing him for deliberate disobedience of the judgment and order dated 2-5-2008 passed by this Court in W.P. No. 1675/2002, Jagmohan Singh Rawat Vs. State of Uttarakhand and others. The facts of the case are that a writ petition was filed by the petitioner seeking a writ of mandamus commanding the respondents to pay him second promotional pay scale of Rs. 8000- 13,500/-. This Court directed that the petitioner shall not be attached to Nagar Nigam and shall be continued in the office of Director, Local Bodies. The Court vide order dated 2.5.2008 has further observed that the petitioner being an employee of Urban Ceiling Department, may get any relief or service benefit from his parent department and not from the respondent Nos. 1 and 2, i.e. State Government of Uttarakhand and Director, Local Bodies respectively. An affidavit of compliance has been filed by Sri Saurabh Jain, Additional Secretary, Energy and Karmik, Govt. of Uttarakhand, Dehradun, indicating therein that the order passed by this 2 Court has been complied with. The relevant paragraph Nos. 5 and 6 of the compliance affidavit read as follows:- “5. That for the compliance of the direction of the Hon’ble Court, no objection was sought from the competent authority of the parent Department of the petitioner i.e. Urban Ceiling Department of Uttarakhand, who vide its letter dated 20-11-2008 has accorded the no objection certificate (NOC) in favour of petitioner for granting him second promotional pay of Rs. 8,000-13,500 after completing 24 years service and immediately thereafter the answering respondent/deponent vide his office order dated 20-11-2008 accorded the kind perusal of this Hon’ble Court copy of the No Objection dated 20-11-2008 received from the Urban Ceiling Department, Uttarakhand and order dated 20-11-2008 passed by the answering respondent/deponent are being filed herewith and marked as Annexure Nos. 1 & 2 respectively to this affidavit. 6. That it is being made clear that as the service of the petitioner has not been merged so far and being on deputation in the service of Local Bodies the above exercise was done to avoid further complication as well as in order to comply the direction of this Hon’ble Court. Now, as stated above, the deponent has issued order dated 20-11-2008 in favour of petitioner, in view of above direction of this Hon’ble Court dated 2-5-2008 as such the direction of this Hon’ble Court has been fully complied with.” The learned Standing Counsel appearing on behalf of the respondent has also submitted that in 3 view of the compliance affidavit, the order passed by this Court has been obeyed. For the reasons stated above, I do not find any justification to continue the contempt proceedings against the respondent further more. Accordingly, the contempt petition is dismissed. The notice issued against the respondent is hereby discharged. (B.C. Kandpal, J.) ISB