1 S.B. CIVIL CONTEMPT PETITION NO.209/2007 (Smt.Kavita Choudhary Vs. Shree Sudheer Bhargawa & others) Date of Order :: 17.07.2007 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.I.R.Choudhary for the petitioner Mr.R.Dave, Dy.G.A. While allowing the writ petition filed by the petitioner on 18.09.2006 this Court passed the order thus: ''Upshot of the above discussion is that action of the respondents in not considering candidature of the petitioner for appointment against the post of unreserved category (general category) is declared illegal and unconstitutional. The writ petition is therefore allowed. The respondents are directed to consider the case of the petitioner for appointment by placing her appropriately in the merit list of the unreserved category (general category) immediately above the candidate, who secured lesser marks than her and if found suitable, appoint her on the post of Physical Teacher Grade-III with effect from the date on which such candidate was appointed. The petitioner shall however not be entitled to any monetary benefits for the intervening period for the reason that she has not actually served the respondents during such period. Her salary shall be arrived at notionally as if she was appointed on the date on which the candidates shown immediately below her in the said merit list was appointed. She shall however be entitled to seniority from the said date and consequential benefits of promotion and revision of pay scale etc. Compliance of this judgment should be made within a period of three months from the date of service a copy of this order.'' 2 The petitioner filed this contempt petition on 14.06.2007 with the submissions that the order passed in the writ petition has not been complied with by the non-petitioners and such inaction on their part amounted to deliberate and willful disobedience. The contempt petition came up for consideration before the court on 10.07.2007 and looking to the directions contained in the order aforesaid and the submissions as made by the petitioner, instead of issuing any notice in the contempt matter, learned Dy. Government Advocate was orally directed to take instructions in the matter. The matter was passed over on 10.07.2007 and again on 12.07.2007; and thereafter came up for consideration on 16.07.2007 and was ordered to be placed today. In the meantime, it was stated by the learned Government Advocate Mr.S.K.Vyas that concerned officer would ensure compliance at the earliest. Today, learned Government Advocate has submitted an affidavit of the Additional District Educational Officer (Secondary) Bikaner alongwith an order dated 16.07.2007 whereby the petitioner has been offered appointment as Teacher Gr.III w.e.f. 10.09.2003, with reference to the date of joining of the candidates standing lower in merit. 3 Learned counsel for the petitioner submits that though the order passed by this Court in Writ Petition No.5510/2003 on 18.09.2006 stands complied with in manner and effect, but certain part of terms and conditions of appointment as stated in the order dated 16.07.2007 appear to be questionable. It goes without saying that in relation to such submissions, the petitioner is free to choose her course of action, as considered appropriate and as advised. So far the contempt petition is concerned, in view of compliance having been made, albeit belatedly, this Court is of opinion that there appears no reason to initiate any proceedings for willful disobedience. The contempt petition is, therefore, rejected. (DINESH MAHESHWARI), J. MK