VIRENDER SINGH Vs. NARENDER CHAUHAN AND ORS.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) ORDER , dated 5th August, 2010 of this Court, as modified in appeal by a Division Bench of this Court vide judgment, dated 7th July, 2011, has been complied with, in letter and spirit because the Petitioner has been regularized from the date of creation of the post. Hence, No. further Order is required to be passed as far as compliance of the order of this Court, dated 5th August, 2010, is concerned. As regards notice of contempt, learned Counsel representing the contemners, has submitted an affidavit of Superintending Engineer, Sh. R.P. Tandon, Appointing Authority. Some papers in the form of Annexures R -I to Annexure R -VIII along with affidavit have been filed and the same are taken on record. These papers show that some decision had been taken at Government level in the year 2008 for relaxing the condition of academic/technical educational qualification of the daily wagers for regularization of their services and the offending order, which became basis of passing order, dated 8th September, 2011, by this Court for summoning the contemners to appear in person to answer the charge of contempt, was passed keeping in mind the said decision of the Government. This position suggests that probably contemners did not have any intention to misinterpret the judgment. However, it does appear from the record that concerned officials of the Respondents -Department did not bother to go through the judgment of this Court (judgment, dated 5th August, 2010), which directed them to appoint the Petitioner, as the condition of ITI Diploma, prescribed in the Rules, was held to be not applicable in his case and such condition did not exist in the Rules, at the time of his initial appointment on daily wages. Notice of contempt is discharged with the hope that the contemners, in future, shall thoroughly go through the judgments of Courts, while implementing the same.The petition stands disposed of.