THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CONTEMPT CASE No.1325 of 2010 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This Contempt Case is filed seeking to punish the respondent for his willful act in not paying the petitioner the arrears of notional promotion for the post of Chief Medical Officer for the period from 09.10.2007 to 31.10.2007, in spite of giving undertaking before this Court on 29.08.2008 in Suo motu Contempt Case No.417 of 2008 in W.P.No.6804 of 2008. Heard the petitioner, a party-in-person and learned Government Pleader for the respondent. The petitioner, a party-in-person, contended that after passing of the order in the said Suo motu Contempt Case, the bills towards the arrears of the notional promotion to the post of Chief Medical Officer was prepared and was sent to the audit department. However, it was returned with an objection stating that the petitioner has not actually discharged the duties and hence, he is not entitled to the arrears of the notional promotion. We have perused the order passed in the said Suo motu Contempt Case. In the said order, it was recorded that the Suo motu contempt case was taken up, as, prima facie, it appeared that the order, dated 09.10.2007, passed by this Court in W.P.M.P.No.23838 of 2007 in W.P.No.18582 of 2007 had been violated. However, the said C.C. was closed taking into account the G.O.Rt.No.968, dated 24.07.2008, issued by the Government whereby the petitioner was promoted notionally as Chief Medical Officer, Homeo, with effect from 09.10.2007. This Court by an order, dated 28.09.2007, in W.P.M.P.No.23858 of 2007 in W.P.No.18582 of 2007, directed the respondents therein to consider the case of the petitioner for promotion to the post of Professor or any other equivalent post in the non-teaching side, as per Note II to G.O.Ms.No.69, dated 14.03.2005, on or before 08.10.2007. There is no direction for payment of arrears for the notional promotion, as contended by the petitioner. Hence, we are of the considered opinion that the contempt of Court on the part of the respondent does not arise and accordingly, the Contempt Case is liable to be closed. In the result, the Contempt Case is closed. If the petitioner is aggrieved by the non-payment of arrears for the notional promotion, it is left open to him to work appropriate remedies as per law before a proper forum. ______________________________ JUSTICE GHULAM MOHAMMED _____________________________ JUSTICE N.RAVI SHANKAR​ 07th December 2010 dr