NARMADA PRASAD SHARMA Vs. NARENDRA BHADUR SINGH RAJPUT

JUDGEMENT

(1.) Complaining dis-obedience of an order-dated 19.7.2012 passed by a Division Bench of this Court in Writ Appeal No. 640/2012, this application has been filed for initiating action for contempt.

(2.) It was the case of the applicant that he was appointed as a Shiksha Karmi by the respondent Municipal Corporation on 20.8.1998. However, inspite of the fact that he was appointed as a Shiksha Karmi, he was required to teach the subject of Sanskrit to students prosecuting their study for BA and MA in the Pandit Loknath Shashtri Sanskrit Mahavidyalaya, Jabalpur. Accordingly claiming regularization on the post of Lecturer of Sanskrit in the said College and further seeking benefit of pay in the higher scale of lecturer on the ground that he was discharging duty of higher responsibilities, a writ petition was filed before this Court being W.P. No.16060/2010. A learned Judge of this Court decided the writ petition on 19.4.2012 and the same resulted in filing of the Writ Appeal, in which the order in question was passed on 19.7.2012. On a perusal of the order passed in the writ appeal, it is seen that apart from claiming regularization on the post of Lecturer and contending that the claim of the applicant for regularization was not properly considered by the learned Single Judge, a second contention was raised before the Division Bench in the writ appeal and this was to the effect that as the applicant has discharged duties assigned to a higher post and as the wages paid were of the lower post, placing reliance on Fundamental Rule 31, a prayer was made for payment of the salary of the higher post. This contention advanced before the Division Bench has been dealt with in the following manner:

(3.) Contending that after the order was passed in the writ appeal on 19.7.2012, applicant submitted a representation vide Annexure C/2 and thereafter contending that the same has not been decided, this application was filed for initiating action for contempt.