uv^ii^^U(jr^xxjOKrof'*cHrtftrii»i»w^^t^uASPUR (CHHATTISGARH) Contemot Case (Q No. ^/ 7 /2011. SingleBencS lNTl.O< (Arising out of oyder dated 11711.09 passed in writ petition (S) No.''2678/2009 by HonT^le High Court.) ^PETITIONER: ^l '%b^r Versus ^(aushal Kishore Pathak, son of Ram Sharan Patiiak, aged about 54 years> worldng as Upper Division Teacher, Mata Rukmani Kanya Ashram, Dimrapal, Distiict Bastar, Chhattisgarh. tespondent: {Contemnor): 1. Shri B.S-Anant, Commissioner Tribal Welfare Department, Raipur, Chhattisgarh Presentiy posted as Secretary, Forest Department, D.K.S. Bhawaii, Maiitralaya, Raipur, Chhattisgarh. 2. Shri Netrapal Singh, Secretary Mata Rukhmani Sewa Sansthan Samiti, Dimrapal, Tah&il Jagdalpur, District Bastar, Chhattisgarh. CONTEMPT PETITION UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION 12 OF THE CONTEMFT OF COURTS ACT. The petitioners most humbly beg to submit as under:- ^- ^^ ^ ^n^? 'cTO ^i^T ^7?lte ^^ -j-rc[ ^JTqi^T, •^ri^'FPT^ '^RTray 'W1W%'%'^' ,,<^Afe:^.^0,.^^^ •^'.200 3^?I ^%- C^S^? -w^^ ^rit^ 3^1 SB : Hon'ble Shri Manindra Mohiin Shrivastava.JI. ^i^t^h -qF^n ^ fe^l Ti^iR ^ 3-t^ 3Tl^? 24-11-2011 Shri C.J.K. Rao, counsel forjthe petitioner. Learned counsel for the pe<itioner submits that though the writ petition filed by the petitioner was finally dfepo^ed off vide order dated 11/11/09 recording the statement of the State counsel tha( representation would bedecided. the Institution has decided not to proceed with jthe matter on the basis of interim order dated 1/4/08 passed in W.P.(S) No.192^08 which is contemptuous. He submits that the the petitioner against any coercive steps and ay of the respondent in consjdering petitioner's the basis of judgment in the case of Smt. A. id others. 2007 f1l BU 265. He submits that interim order dated 1/4/08 prc the orderdoes not come in the claim for grant of 5U1 Pay Scale Lall v. State of Chhattisaarh the view which has been taken poy the Secretary of the Institution is not only erroneous but contemptuous Thewrit petition was fited t^/ the petitioner claiming benefrt of 5th Pay Scale on the basis of eariier judgment ifi the case of Smt. A. Lall (Supra). The State counsei made a statement that if |he petitioner makes a representation, the same will be considered and decided, |n accordancewith law within a period of four weeks from the date of receipt of|the representation. Letter dated 19/1/10 of the Secretary shows that the decision |on petitioner'srepresentetion has been deferred on the basis of the interim order jdated 1/4/2008 passed in W.P.(S)No.1928/08. The letter also refers to an ord^r dated 28/3/02 passed jn W.P.No.1481/2000 whereas the said writ petition was|finally decided vide order dated 2/1/06 by which the termination orders were quash^ Though the view taken by the respondent No.2 appears to be erroneous, in these circumstances, 1 am not inclined to issue notice to respondent No.2 because ^mm^—FS/140—2/2011—1,50,000. <R^-^l^n^ ?T§T[ ^i^T ^7^ Deeptl 'WT^l ^^i"^? T5? -%T^T^T, "^"rTiTFf^, "f^TRTy; ..a^:.^.^)..^^^ $1)0 3TI^? W^ (•^^[^) iw^R-gi^sn^i -»?' ^N^^f ^T^ff ^ ^ra' "^Trii< ^r a'tf^f w^? what 1 find is that the operative re^son for not taking decision in the representation is the interim order passed on 14</08 in W.P.(S) No.1928/08. The order dated 1/4/08 only protects the petitioner ^ the law. Therefore, the order whicl to be complied with. The respor| igainst any coercive steps and does not come in the way of granting any benefit to (he petitioner to which. he may be entitled under i was passed eariier in W.P.(S) No.2678/09 has dents shall take final decision on petitioner's representation as directed in W.F^.(S) No.2678/09 within a period of four weeks from thedate of receipt of copy of |the order which has now been passed. In case, no decision is taken as directed eajriier in W.P.(S) No.2678/09, the petitioner would be at liberty to revive this petition. WHh the aforesaid observati|ons, the petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge -—.- L...-..».. ^Wf^ ^^ S^TRW, U-'5Rt^H^—FS/140—2/201 1—1,50,000. 4-