cp108.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ CONT. PETITION NO. 108 OF 2011 In WP/5668/2009 RANJANA TUKARAM GAIKWAD VERSUS VANDANA KRUSHNA AND ORS ... Advocate for Petitioner(s) : Mr. Garud N.C. Advocate for Respondent(s) : Mr. V.S. Bedre for R/4. ... CORAM : S.S. SHINDE, J. Dated: July 22, 2011 ... Heard. 2 This contempt petition alleges disobedience of the order passed by the Division Bench of this Court on 14.10.2009 in Writ Petition No.5668 of 2009. In para 5 of the said order, the Division Bench was pleased to issue Rule and grant stay to the order dated 31.8.2009 during pendency of cp108.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the petition. 3 In pursuance to the notice issued to the respondents, the affidavit-in-reply was filed by one Sanjay Narayan Kakde, Commissioner of the Municipal Corporation, Ahmednagar. In para 5 of the affidavit, it is stated that in pursuance to the order passed by this Court, Municipal Corporation have reinstated the petitioner and other nurses in the employment subject to the final decision of the writ petition. 4 This position that the petitioner has been reinstated in service by the respondent - Corporation is not disputed by the Counsel for the petitioner. It is the cp108.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ contention of the Counsel for the petitioner that so far other benefits and arrears are concerned, he may be given opportunity to move before the Division Bench. Relying on para 6 of the order passed by this Court on 18.11.2010 in Contempt Petition No. 119/2010 in Writ Petition No.5669/2009, such liberty is prayed. 5 After hearing the learned Counsel for the petitioner and Counsel for the respondents, and upon perusal of the affidavit-in-reply fled by respondents, I am of the opinion that the order of which disobedience is alleged has been complied with. While exercising Contempt jurisdiction, the Court is expected not to cp108.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ travel beyond the pleadings and direction / order and give any further direction or liberty. In that view of the matter, since the order of which disobedience is alleged has been complied with, the contempt petition stands disposed of. Notice stands discharged. (S.S. SHINDE, J.) PLK/*