1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. COPC No. 155 of 2010. Decided on: 16.8.2010. Amar Chand ….. Petitioner. Versus R.N. Batta …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : Mr. Sanjeev Bhushan,Advocate. For the respondents : None. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): According to the petitioner the respondent has committed contempt of Court while passing order Annexure C-2. The stand taken by the respondent is that order Annexure C-2 is passed in compliance to the directions issued by this Court in judgment Annexure C-1. The issue pertains to the request made by the petitioner for extension of service, so as to enable him to have the minimum pension. On the one hand, the respondent has taken stand that the case of the petitioner is not similar to that of one pointed out in the writ petition and on the other hand, he has taken the stand in the reply that he does not have jurisdiction to grant extension of service. In case he does not have any jurisdiction to deal with the question of extension of service, he should have referred the matter to the person, who is having the jurisdiction for extension of service. However, it is pointed out 2 that the direction in the judgment was to the second respondent, respondent herein, to take decision and hence, the contempt petition. 2. Though we do not find any contemptuous conduct on the part of the second respondent in the contempt, in order to avoid multiplicity of proceedings (as otherwise the petitioner should be relegated to pursue the matter by filing another writ petition challenging Annexure C-2), we feel in the interest of justice that Annexure C-2 order should be directed to be recalled. Therefore, this COPC is disposed of directing the respondent to recall order Annexure C-2 and place the entire record before the Secretary, Panchayati Raj, Govt. of H.P., who shall pass order in compliance with the judgment Annexure C-1 within four months. The petitioner shall produce the copy of this order alongwith copy of the contempt petition and reply before the Secretary, Panchayati Raj, Govt. of H.P., so as to enable him to pass order as above. In case the petitioner requests for an opportunity for hearing, the Secretary shall grant that opportunity to the petitioner. ( Kurian Joseph), Chief Justice. ( Kuldip Singh), Judge. August 16, 2010 (sks/pankaj)