ASEEM GUPTA Vs. BANDU BHAUJI SIDAM

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent of parties.

(2.) Respondent no. 1 in Contempt Petition No. 147 of 2019 has sought review of final order passed in the said contempt petition on 10th June 2019.

(3.) Shri Sunil Manohar, learned Senior Advocate for the applicant submits that the order dated 10th June 2019 needs a re-look for more than one reason. He submits that by the order dated 10th June 2019, what was not granted in original petition (WP No. 4190 of 2018), has been given to the petitioners and it is not permissible in law. He further submits that there is a conflict between the order dated 10th June 2019 and the original judgment dated 22nd Feb. 2019 rendered in WP No. 4190 of 2018 which was the root cause of the contempt petition, at least according to the petitioners. He points out that the judgment dated 22nd Feb. 2019 mandates the State Government to adhere to the transfer policy dated 27th Feb. 2017 as amended from time to time, scrupulously, consciously and in letter and spirit and to see that at no stage of the transfer process, parameters prescribed for effecting the transfers are transgressed. He submits that order dated 10th June 2019 makes it impossible to adhere to the transfer policy as it directs the State Government to first process the claims of the eligible teachers i.e. present petitioners in current transfer process and then embark upon processing the claims of all other eligible teachers in the current transfer process. He submits that the transfer policy dated 27th Feb. 2017 creates four categories of teachers and requests made by the teachers falling in these categories are required to be processed as per the order of precedence prescribed in the transfer policy dated 27th Feb. 2017 and, therefore, if the claims of these petitioners are considered separately from these categories, the transfer policy will stand violated. He also submits that whenever there is mistake apparent on the face of the order, it constitutes sufficient cause for its review.