SUNIL KUMAR Vs. NARESH CHANDRA JAIN

JUDGEMENT

(1.) THIS is a petition to take action for contempt of Court against and to punish the opposite parties described above. By order dated 1.7-8-1983 the opposite parties were required to show cause as follows :-

(2.) APPLICANT Sunil Kumar was working as Stenographer in the office of Executive Engineer under orders of the Superintending Engineer, Central Equipment and Stores Procurement Organisation (for short, the organization) of the Irrigation Department at Lucknow.

(3.) ON 15-4-1983 the applicant submitted a copy of this Court's judgment to opposite party no. 2 with a request to take action in accordance with the judgment. Opposite party no. 2 then addressed a letter dated 20-4-1983, Annexure-4, to the Chief Engineer, N. C. Jain, opposite party no. 1, informing the latter that there was no vacant post of Stenographer and that the Chief Engineer may take appropriate action to comply with the orders of the High Court. ON 9-5-1983 oposite party no. 2 wrote a letter, Annexure-10 to the Secretary to Government in the Irrigation Department, with a copy to the Chief Engineer, Opposite party no. 1, mentioning that the Standing Counsel of the government had reported having submitted his opinion, about the decision of this Court, to the government and, therefore, Opposite party no. 2, wanted to know the government's decision on the question of an appeal against the order of this Court, so that a decision might be taken on the question of the applicant's joining a post. ON 28-5-1983 Opposite party no. 1 passed an order, Annexure-12, transferring Km. Kanchan Sharma to the post of Stenographer in the Material Management Cell of the office of the Superintending Engineer and directed the applicant to join on the Stenographer's post held by the lady. Accordingly, on that very day the applicant took charge of the Stenographer's said post in the office of the Executive Engineer, Opposite party no. 4 of the Organization. It appears that subsequently on 23-6-83 the Chief Engineer transferred the applicant to the Stenographer's post in the Material Management Cell of the office of Superintending Engineer, but the applicant appears to have proceeded on medical leave on 24-6-1983. By order dated 2-7-1983 the Opposite party no. 2 called upon the applicant to report for joining at the Stenographer's post in the Material Management Cell vide Annexure-16 and informed the applicant that he was treated as relieved with effect, from 24-6-1983 from the Stenographer's post in the Organization. The applicant consequently joined on the new post on 2-7-1983, but on 8-7-1983 he made an application to the Chief Engineer, vide Annexure-17, for payment of his salary and about his transfer. It must be mentioned at this stage that this Court has not called upon the opposite parties to show cause the grievances of the applicant in respect of his delayed posting or transfer from the post. The show-cause notice is confined to the non-compliance of this Court's order insofar as the question of payment of the applicant's salary is concerned.