1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 113/2004 IN Writ Petition No. 4521/2002 (Gajanan Sheshrao Chavhan Versus The State of Maharashtra through its Secretary & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. Nemade, counsel for the petitioner. Mrs. I.L. Bodade, Assistant Government Pleader for the R-1. Mr. G.G. Mishra, counsel for the R-2 & 4. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 11, 2008. Heard. By this petition, the petitioner seeks action against the respondents under the provisions of the Contempt of Courts Act, 1971 for having committed a contempt of this Court's orders dated 30.01.2003 and 28.02.2003. Considered the contentions canvassed by the respective counsel and perused the orders dated 30.01.2003 and 28.02.2003. In view of the aforesaid orders passed during the pendency of Writ Petition No.4521/2002, this Court had directed the respondents to enforce clause 7 of the Government Resolution dated 04.07.2000 (Annexure-A) and further directed them to absorb the petitioner in the service of the respondent 2 no.2 provisionally, pending the decision of the petition. In pursuance of the order passed by the Division Bench of this Court, the petitioner had exercised his option in accordance with paragraph 7 of the Government Resolution at Annexure-A and had opted for his repatriation to the parent district of Akola. It is submitted on behalf of the Chief Executive Officer, Zilla Parishad, Akola that the Zilla Parishad wanted to implement the orders passed by the Division Bench of this Court on 30.01.2003 and 28.02.2003 but, was unable to do so in view of the communication dated 23/27th March, 2001 issued by the Deputy Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai in which it is stated that it was not permissible to absorb employees on the same posts if they are serving on the promotional posts. It is brought to the notice of this Court by the affidavit-in-reply that the present petitioner is working on the promotional post of Graduate Teacher, and therefore, he could not be absorbed on the same post under the Zilla Parishad, Akola in view of the aforesaid communication. It is submitted on behalf of the Zilla Parishad by the learned counsel 3 that the option was exercisable only in case of direct recruits and not in case of promotional candidates. On the basis of the aforesaid facts, it is submitted on behalf of the Zilla Parishad that there is no willful or deliberate disobedience of the order passed by this Court and the petitioner was not considered for permanent appointment on the posts in Zilla Parishad, Akola in view of the communication dated 23/27th March, 2001 as stated hereinabove. Since the petitioner was not considered for permanent appointment on the post of Graduate Teacher in Zilla Parishad, Akola in view of the communication dated 23/27th March, 2001, the orders passed by this Court in Writ Petition No. 4521/2002 were not complied with for the reasons which were not within the control of the Zilla Parishad. For the reasons aforesaid, the contempt proceedings are dropped and the contempt petition is disposed of with no order as to costs. JUDGE APTE