1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Contempt Petition No. 378 of 2005 Dayal Singh ………… Applicant Versus M.L.Bansal and another ………… Respondents Hon’ble Tarun Agarwala, J. Heard Mr. M.C. Pande, the learned counsel for the applicant and Mr. Pradeep Joshi, the learned counsel for the opposite parties. The applicant’s father died in harness on 21st September, 1985. The petitioner applied for appointment on compassionate ground. His case was considered and he was given an appointment on 30th May, 2002 but after a short span of two months, the appointment of the applicant was cancelled by an order dated 10th July, 2002. The applicant preferred writ petition no.1458/2002(S/B), which was allowed by a judgment dated 15th June, 2005. The writ court directed the authority to consider the matter afresh as and when a vacancy arose in the department. The operative portion of the order is quoted hereunder; “In the result, the writ petition is allowed. The respondents are directed to consider the case of the petitioner for providing him a job under the Dying in Harness Rules as and when the vacancy exists in the Department. “ Based on the aforesaid direction, the opposite party no.2 issued an order dated 8th October, 2005 intimating the applicant that the application of the applicant would be considered and that he would be communicated through a 2 speaking order. Since nothing was communicated to the applicant, the present contempt application was filed. A supplementary counter affidavit sworn by Parmeshwar Sah, Chief Engineer, Bareilly Zone, Military Engineer Services, Sarvtra Bhawan Station Road, Bareilly Cantt has been filed. In paragraph 4 of the affidavit it has been averred that the claim of the applicant for appointment on compassionate ground was reconsidered by the Board of Officers during the quarter ending December, 2006 for seven consecutive times for the period ending June 2005 to December, 2006 and the claim of the applicant was rejected since no vacancy was released by the Ministry of Defense against 5% of direct recruitment quota and that the applicant was informed through a speaking order dated 11th June, 2007. In paragraph no.5 of the affidavit it has been stated that the petitioner’s application was again reconsidered in the quarter ending March, 2007 and that the application of the applicant was rejected due to lack of merit and the decision was communicated by an order dated 6th July, 2007. This fact has not been denied by the applicant in paragraph no. 5 and 6 of the rejoinder affidavit. In view of the aforesaid, substantial compliance of the order of the writ court dated 15th June 2005 has been complied with by the opposite parties. Consequently, notices are discharged and the contempt application is dismissed. Before parting, the Court has seen the order dated 8th October, 2005 issued by the opposite party no.2, which is quoted hereunder: “(e) Also most importantly, it is pertinent to mention here for your information that High Courts and Administrative Tribunals cannot give directions for appointment of a person on compassionate grounds but can merely direct 3 the respondents for consideration of his/ her case for such an appointment.” The court is constraint to observe that the language used by the opposite party, does not behove his status and the post which he is holding. Apparently, the opposite party is not aware of the powers that can be exercised by a writ court. He has no business to contend that the High Court cannot give directions for appointment of a person on compassionate ground and could only direct the respondents for consideration of his or her case for such an appointment. The opposite party no.2 is under some misconception and has no business to give a sermon of this kind. Consequently, the Registry is directed to send a certified copy of this order to the Directorate General (Pers)/E1C(4), Military Engineer Service, Engineer-in-Chief’s Branch, Army Headquarters, Kashmir House, New Delhi-11. for necessary information and action. (Tarun Agarwala, J.) Dated: 8.4.2010 Nishant