0;.!X .'c:^,,^' l^ @ll,^; c/';"-§:^^^'^^ w, ^' III 11 '^!<.:?:--;s p11 1 i p I 2'1 ^•; wf l^ II? t 1 i ' . ^ s 5 S S' ^'' ^ l;:y.'^:::,w:: :,^;.......:..,^..:.<<!^..,, ::w""":^';'":^"" illt (t ? ;> o a ? ^ t '0 ^ ^ OTQ --0 w-g § m ^ p i! ^^ ^^•J f^ ^ii,.t, .?OL,;,,... ;^1;:I' 03; ,llhN»»». .S3: co CD ^. El-HC-22 ^ ^sTT^r^r "f^ri^sn^T ^FRW^firr \. s '3^[ ^||<L||d<LI, ^-dly4!^. fG«rtl<-(^< SITit^T X?5T^ \fc HW<f\{ $h^i<sh <Si[^t q?(<S _......^d'....C^Q.^:(c) 1/UQ' ^l' ^ T^ ^Wt 200 •^^T' ^n^r ^<n^p;'^prf^T SB : Hon'ble Shri Manindra IVIoHan Shrivastava.A 24-02-2011 counfeel petiti<)ner entiti^ment Shri Somkant Verma, This contempt petition has | respondent has issued a show cancei the placement of the accordingto the entitiement of the| It is submitted by iearnec| petitioner was granted higher initiated proceedings to show petitioner in pay scaies and prop< this issue was earlier raised and! petitioner in O.A.No.43/2000 submits that the petitioner's aliowed and the respondents ther^ petitioner in terms of the orders M.P. S.A.T. and to grant prescribed period of increment wi^ He submits that in compiiance of increment on the pay scaie on He submits that in view of the respondent to issue fresh show c; of tne petitioner in pay scales, the Tribunai and the respondent contempt of iawfui authority The assertion of tearned on the order dated 2/2/2000 p^y cfeuse annilai pass^d cni^(<r<141^ ^i^KriT'^'ft^ <r^<^i< '^3:rf^R3TT^I in^el for the petitioner. peen fiied bythe petitioner alieging that the c|ause notice on 4/12/10 (Annexure C/2) to in various pay scaies and fix the same [ petitioner. counsel for the petitioner that dnce the scale, the respondent couid not have to cancel existing piacement of the [ised revision of the same. He submits that jdecided by the Tribunal in the case of the d^cided on 2/2/2000 (Annexure C/1). He to get increment in the pay scaie was ?in were directed to consider the case of the [sassed by the High Court and Benches of ihcrements to the petitioner from the |h ali arrears and to fix the pay accordingly. the said order, the petitioner was granted i, he^was appointed on emergency basis. ^aid order, the attempt on the part of the |iuse notice to cancei the existing placement to over reaching the orders passed by ps iiabie to be proceeded against cases for and Tribunai. cjounsei for the petitioner is primarily based by the Tribunai in O.A.No.43/2000. The which, ambunts ofthelCourt [^^ y<M -HC-22 3TT^T'^r f^ri^SH^T ^h^\^ ^Ka ^ h^ h^ •^ Deepil ^^";:^Trn^P7, ^•dly41<o, fa<rtl^y HW^\l ^W^ 3ff^T 'q^f? ^..^6.:..'^..^^^/" \9r 'I^^ST' -sn^r'^T^R ^rf^r ^- caMse reading of the said order show^ Tribunal aggrieved on account of initial date of appointment even h| break. The Tribunal reiying upon thatthe petitioner is entitled to ann|jal did not deciare the entitlement ofi pay scaie. That issue was neither ] show cause notice dated 4/12/10 requiring the petitioner to show be not canceiled and he be placecj his eiigibility. Therefore, the shov^ issue and has nothing to dowith scale which he was drawing at Tribunai. in the opinion of this Cou<t, 4/12/2010 does not amount to wiilflul the order passed by the Tribunal petitioner. ifthe petitioner ha^ an^ recourse to such remedy as may b^ With the aforesaid obser^ati^ns trte chi^fd^'l 'HFT^f ^ ft^ <P»l^l< '^ra^w^lT^T that the petitioner had approached tfte lon-payment of annual increment from the \e was continuing his service without any phe order passed by it in other cases held increment. In that petition, the Tribunal |the petitioner to senior or seiection grade raised nor considered by the Tribunai. The shows that the same has been issued as to why his placement in pay scale in the appropriate pay scale according to cause notice deais wiih entireiy different petitioners annua! increment on the pay |he time of filing the petition before the cjn , issuance of show cause notice dated disobedience or an act of over reaching 2/2/2000 in O.A.No.43/2000 fiied by the grievance, he would be at iiberty to take avaiiable to him under the iaw. >, the petition is finaliy disposed off. Sd/- Manindra Mohan Shrivastava Judge [^^fe^