P V JAGANMOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) SINCE common question of law and fact are involved in these writ petitions, therefore, the same are being decided by a common order.

(2.) WRIT Petition No.31 (SB) of 2011 has been filed challenging the order dated 18.10.2010 passed in CCP no.56/2008 and OA No.52/2008. The present case arises out of the proceedings initiated for contempt under Section 12 of the Contempt of Courts Act (for short 'the Act'), wherein a direction was issued in OA No.52/2008 to the Railway to take an early decision regarding wages for the period from 25.7.2000 to 9.2.2006 and regularization etc. in the light of the Tribunal's earlier order dated 22.3.2004 and letters dated 26.4.2007 and 8.7.2007 in accordance with the rules within a period of three months from the date, a certified copy of the order is produced before the competent authority. It is stated that the copy of the order was received by opposite party no.2 on 20.5.2008, but since the compliance of the said order was not made, therefore, the contempt petition was filed.

(3.) THE facts relating to Writ Petition No.31 (SB) of 2011 are that vide order dated 21.7.2000, the Assistant Divisional Engineer, Headquarters, Northern Railway, Lucknow declared the petitioner as surplus, who was working at the relevant time on work charged post as Casual Carpenter Grade -III on ELA basis under ADEN/HQ/LKO. Subsequently, he was redeployed as Gangman, but the petitioner did not join as Gangman and remained absent from duty from 25.7.2000 to 9.2.2006. Meanwhile, he filed OA No.458/2000. The OA was finally disposed of vide order dated 22.3.2004 in favour of the petitioner, by making an observation that the order dated 21.7.2000 was not justified and is quashed and the opposite parties were further directed to allow the petitioner to continue on the post, which he had been holding prior to his relieving on 25.7.2000. As a consequence thereof, the petitioner was permitted to join on that post. The petitioner is still in service on the said post. The petitioner filed another OA no.52/2008 seeking direction to the opposite parties to pay him back wages from 25.7.2000 to 9.2.2006 and also to regularize him on the post with effect from the date Sri Lal Verma, junior to him was regularized. This OA was also allowed and a direction was issued to opposite parties to take an early decision as regards the wages for the aforesaid period and also for regularization in the light of the Tribunal's order dated 22.3.2004 within a period of three months.