NARESH SINGH KUSHWAH Vs. SHRI MOHAMMAD SULEMAN THR.

JUDGEMENT

(1.) This contempt petition under Article 215 of Constitution of India has been filed alleging non-compliance of order dated 15/07/2016 passed in WP No.4843/2016(S).

(2.) As per the petitioner, it is alleged that petitioner's father was in the employment of PWD and expired during his employment in the year 1997. Thereafter, the petitioner was appointed on compassionate ground w.e.f. 15/05/1997 on the post of Gang-man/Helper on daily wages basis . The petitioner was classified as permanent status by order dated 2/3/2004 Annexure C-2. After declaring the petitioner as ''permanent status'' benefits of classified employee were not extended to him. Thereafter, the petitioner preferred a writ petition before this Court which was registered as WP 4843/2016(s) and the said writ petition was disposed of by this Court by order dated 15/07/2016. In compliance of the said order, petitioner submitted his representation on 29/07/2016 to the authorities, but the benefits have not yet been given to him. The State had also challenged the order passed by this Court before the Supreme Court in one of similarly situated employees i.e. Sultan Singh Narwariya and the same was disposed of by Supreme Court in Special Leave to Appeal (C) No.20025/2011(arising out of order dated 14/02/2011 passed by this Court in Writ Appeal No. 110/2011), with liberty to the employees to approach the High Court by way of filing contempt petition. Hence, this Contempt Petition.

(3.) The present matter relates to grant of regular pay scale after classification. The claim of petitioner is that regular salary with all benefits be released to him on account of permanent status pursuant to classification.