R SURESHKUMAR Vs. DEVIDAR, SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has earlier filed a writ petition before this Court in W.P.(MD)No.7103 of 2017 to issue a writ of mandamus, directing the respondents to give promotion to the petitioner as Assistant Manager in the respondent Transport Corporation from 05.10.2015. The writ petitioner and the learned Counsel at the time of hearing before this Court, in the writ petition, have conceded that it would be sufficient, if a direction is issued to the respondents to consider the representation of the petitioner. Hence this Court, without going into the merits of the case, has passed the following order:

(2.) Alleging that the respondents in this contempt petition has wilfully disobeyed the order of this Court in W.P.(MD)No.7102 of 2017, the petitioner came forward with this contempt petition. It is the case of the petitioner in this contempt petition that pursuant to the direction issued by this Court dated 206.2017, the petitioner sent a representation on 13.07.2017. However, there was no response from the respondents, even to the contempt notice dated 10.11.2017. Since the respondents have not chosen to comply with the order passed by this Court, the learned Counsel for the petitioner states that the respondents committed contempt of Court by wilfully disobeying the order of this Court.

(3.) The learned Counsel for the petitioner has filed an additional typedset of papers, pointing out that the respondents have promoted several persons, who are juniors to the petitioner. The learned Counsel for the petitioner further pointed out that by proceedings dated 27.05.2015, several persons were promoted. It is contended by the learned Counsel for the petitioner that this communication dated 27.05.2015, shows that the petitioner's juniors were given promotion in anticipation that vacancy would arise in the next year. The learned Counsel for the petitioner has admitted that the third respondent on 29.07.2017, has passed the following order: