BASANT DADORE Vs. RAJNISH VAISHYA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present contempt petition alleging non compliance and disobedience of the order dated 08.02.2016 passed in Writ Petition No.5597 of 2015.

(2.) The petitioner filed the writ petition challenging the order passed by the authorities of Narmada Valley Development Department [in brief "the NVDA"] by which the claim for grant of regular pay scale has been rejected. On the first date of hearing, counsel for the petitioner produced the copy of order dated 22.07.2015 passed in the case of Balusingh v. State of M.P. and others, Writ Petition No.3418 of 2014 (S) and prayed for similar order. By order dated 08.02.2016 this Court has disposed of the writ petition filed by the petitioner by observing that the order passed by this Court in the case of Sunil Kumar Daya (supra) shall be applicable to the present case mutatis-mutandis in the present case also. In para 1 of the order dated 08.02.2016, it is specifically mentioned that the petitioner has filed the present petition seeking direction to pay the minimum of pay scale, as per the recommendation of the 5th and 6th Pay Commission. Thereafter the petitioner submitted representation to the Respondents seeking benefit of 5th and 6th Pay Commission. When no heed was given to his representation then the petitioner has filed the present contempt petition alleging that the Respondents have not complied the order passed by this Court hence they be punished for contempt of court.

(3.) After notice, the Respondents have filed the return by submitting that the representation of the petitioner has been duly considered and allowed. The petitioner has been given the benefit of 6th Pay Commission and he has been paid arrears of 6th Pay Commission. The respondent has calculated and paid the arrears from the date of filling of writ petition.