PYNSKHEM NONGBRI Vs. K. BAIAHUNLANG MAKDOH

JUDGEMENT

(1.) For disobedience of the judgment dated 30.07.2018 passed in WP(C) No. 91 of 2016, instant motion has been laid for initiating contempt proceedings against the respondent. The respondent has filed the affidavit stating therein that the judgment has been implemented, therefore, contempt proceedings may be dropped.

(2.) Petitioners are stated to have been appointed as Sectional Assistants in the year 2009, their services have been terminated vide order No. SD/Estt/Misc./282/2013/Pt.I dated 18.11.2015 issued by respondent No. 4 (alleged contemnor herein), same was challenged by medium of WP(C) No. 91 of 2016 on the ground that the order has been passed without adhering to the principles of natural justice i.e., before passing such order petitioners were not given any opportunity of being heard. The respondent had projected that the appointment was not a regular appointment, it was a condition in the order that their services can be dispensed with without notice, same was not accepted as a result whereof, vide judgment dated 30.07.2018, the order of termination impugned dated 18.11.2015 was set aside, the respondents were left free to take action in accordance with law, if they chose.

(3.) Respondent No. 4 in compliance of the judgment has chosen to initiate fresh proceedings against the petitioners. A show cause notice has been served upon the petitioners on 11.01.2019, the petitioners responded to the same vide their letter dated 15.01.2019. After due consideration, a fresh order bearing No. SD/ESTT/300/CR/2015/5431 dated 22.01.2019 has been passed providing that the claim of the petitioners for restoration of their services, regularisation and payment of arrear salaries cannot be accepted.