LAXMI NARAIN ETC. Vs. SMT. RAJNI ETC.

JUDGEMENT

(1.) Vide order dated 12.1.1996, the Division Bench of this Court of C.W.P No. 7342 of 1995 directed the respondents to give higher scale of pay to the petitioners who were performing duties of such higher posts on the basis of valid order passed in their favour. Respondents were further directed to consider the case of the petitioners for promotion towards the regular posts if available, in accordance with law. This exercise was to be completed by the respondents within a period of four months.

(2.) The above order was passed in the presence of the counsel for the State. Even thereafter the petitioners had served copy of this order and had even legal notice upon them before filing this petition. This is a fit case where the respondents should be called upon to face the contempt proceedings for violating order of the Court.

(3.) At this stage, Mr. Bhinder appearing for the State, accepts notice. Copy has been furnished to him in Court today. However, he submits that at this stage he is unable to accept notice on behalf of the contemner. He submits that in furtherance of the order of the Division Bench, the respondents were required to carry out the exercise which involved considerable time. According to him various departments were involved, and as such order might not have been complied with within a stipulated period. There is no doubt that there are large number of petitioners in this writ petition and it was bound to effect the rights of the various persons and involve verification of claim of each petitioner, but this cannot be a ground for not complying with the order of the Court within a stipulated time. If the respondents were not able to comply with the order within the stipulated period, they ought to have approached the Court within time. No such effort was made. However, at this stage, I do not consider it proper to issue contempt notice to the respondents and to pass a direction that the order of the Division Bench dated 12.1.1996 shall be complied with now positively by the respondents within a period of two months from today. The respondents shall be intimated by the learned counsel for State. The petitioners may also serve copy of the order upon the respondents by name. Copy of the order be given dasti to both the counsel. It is admitted before me by the petitioners that even the respondents have primarily come to the conclusion that petitioners were discharging duties of higher posts, but that only is a partial compliance of the order. The petition is accordingly disposed of. Order accordingly.