IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.O.P.C. No. 333 of 2011. Decided on: 19th October, 2011. Mohan Lal Raina. ….. Petitioner. -Versus- P.C. Kapoor and another. …… Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner. : Mr. Anupendra Rohal, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Ms. Shubh Mahajan, Advocate. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): Petitioner complaints of non-compliance with the judgment dated 23rd June, 2010. In reply at paragraph No. 2, it is stated as follows: “2. That the Hon’ble Court has allowed this petition directing the respondent to release the increments of proficiency step up but subject to condition that if there is no legal impediments. In pursuance to orders passed by this Hon’ble Court fresh D.P.C. was held on 03.10.2011. However, it has been found that still there are vigilance cases pending against the petitioner. As per policy of the government increments of proficiency step up is not admissible to an employee against whom vigilance cases are pending. Copy of instructions/schemes are enclosed as R-1. In present case it has been found that there are still vigilance cases pending against the petitioner and therefore there are legal impediments to release 2 increment of proficiency step up to the petitioner. Therefore, present petition is not maintainable.” 2. In view of the factual position as above, it cannot be said that there is any willful disobedience of the judgment. Therefore, C.O.P.C. is dismissed. Rule is discharged. However, it is made clear that this order shall not stand in the way of the petitioner pursuing his grievance in proceedings before appropriate Forum. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. October 19, 2011. (bhupender/K. Guleria)