CLCON No. 238 of 2010 Hon’ble Tarun Agarwala, J. Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Alok Mehra, Advocate for the applicant. Mr. R.C. Arya, Brief Holder for the State. Perused the counter affidavit of the opposite party wherein the respondent have stated that the State Govt. is ready to accept the applicant on the post of Executive Engineer but not on the post of Superintending Engineer. On the other hand, the applicant submits that having been promoted as Superintending Engineer by the State of U.P., he is liable to join in Uttarakhand on the post of Superintending Engineer. There seems to be some dispute on this aspect as to whether the applicant should be allowed to join on the post of Superintending Engineer or not. Consequently, the Court is of the opinion that there is no willful disobedience of the order of the writ court. The fact as to whether the applicant is liable to be allowed to join in Uttarakhand as Superintending Engineer is a separate issue which is required to be tackled in an appropriate forum for which the applicant is given that right and liberty to do so. In the meanwhile, it is open to the applicant to join on the post of Executive Engineer reserving his right for a higher post. If the applicant applies for joining as stated aforesaid, the opposite party will pass an appropriate order of his joining and consequential posting order. The contempt application is disposed of. (Tarun Agarwala, J.) Dated 03.03.2011 Shiv