RAJIV KUMAR MEHTANI Vs. AJAI KUMAR JOSHI

JUDGEMENT

(1.) The present proceeding was initiated for action against the opposite party for having committed contempt of Court by allegedly flouting the High Court's order dated 18-5-1998 passed in C.M. W.P. No. 17750 of 1997 and, in the alternative, a prayer was made for such directions as may be proper in the circumstances of the case.

(2.) The present applicant had been working as an assistant engineer in the Minor Irrigation Department of the Govt. of U.P. The writ petition was filed by him for a direction upon the respondent to promote him as an executive engineer. Several opportunities were given to the learned standing counsel to file counter affidavits but no counter affidavit was brought on record and the order dated 18-5-1998 was passed on the basis of the averments made in the writ petition. It was submitted before the writ court that the petitioner had joined the services on 21-9-1984 and persons junior to him had already been promoted and there were still several posts of executive engineers lying vacant against which the petitioner could be promoted. The Division Bench while disposing of the writ petition finally directed the respondents to consider and decide the case of the petitioner in the light of the orders passed by the Court on 4-7-1995 in C.M.W.P. 18285 of 1987 and the order dated 7-2-1996 passed in C.M.W.P. 1767 of 1996, as also the order dated 19-4-96 passed in C.M.W.P. 13986 of 1983.

(3.) In the instant application for contempt, it was stated that the authorities acted arbitrarily in the matter of promotion to the rank of executive engineers and several assistant engineers including the applicant approached the Hon'ble High Court by filing writ petitions and in all these writ petitions directions were issued to promote the respective petitioners to the rank of executive engineers and the orders were honoured. Copies were attached to the instant petition to indicate the promotion letters in respect of M/s. D. N. Shukla and Rajendra. For another colleague, Arun Kumar Srivastav, the applicant submitted that W.P. No. 18285 of 1987 was disposed of with a direction upon the respondents to promote him to the rank of executive engineer and to place him at the appropriate position according to seniority. The order in respect of Arun Kumar Srivastava was also annexed to the instant petition.