OMI THAKUR Vs. R S AHLAWAT, COLONEL OFFICER

JUDGEMENT

(1.) This order shall dispose of the petition filed by the petitioner under Sections 11 and 12 of the Contempt of Courts Act, for initiating contempt proceedings against the respondent for having wilfully disobeyed the judgment passed by this Court on 11.7.2008 in CWP No. 957 of 2003.

(2.) The petitioner challenged the action of the respondents for not regularizing her services. While disposing of the writ petition by this Court, reliance was placed upon two decisions of the Apex Court in Dharma Nand and another Vs. Union of India and others, 2004 10 SCC 609 and Union of India Vs. M. Aslam, 2001 1 SCC 720. It was held by this Court that the petitioner was an employee of the Defence Ministry, was government servant, though a temporary employee, but she had rendered eight years of uninterrupted service. Therefore, her services could not have been terminated by the respondents without following the procedure prescribed under Article 311 of the Constitution of India and her termination order was held to be illegal. The further directions issued by this Court may be reproduced as under:-

(3.) During the hearing of the case, this Court had directed that the respondent should file an affidavit stating therein the emoluments paid to sales girls and salesmen in every CSD canteen in Himachal Pradesh engaged on daily wage, permanent and temporary basis. A supplementary affidavit was filed by the respondent in which he pleaded that he had made sincere efforts to get the details of salary being given to salesman in canteen and accordingly, placed on record the instances of six canteens in which the wages were being paid at different rates ranging from Rs.2000/- to Rs.4000/- for the year 2008-2009:- Sr. No. Name of Canteen Year 2008 Year 2009 a) 21 Sub Area CSD Canteen Rs.3500 Rs.4000/- b) Station Canteen Pathankot Rs.3500 Rs.4000/- c) Station Canteen Dehra (HP) for Ex-Serviceman Rs.2420/- Rs.3050/- d) Sarvatra CSD Canteen HQ 39 Mountain Division Arty Bde (Alihal) HP) Rs.2200 Rs.3300 e) Station CSD Canteen HQ 33 Mountain Brigade Dharamshala (HP) Rs.2000 Not revised yet F Rising Star CSD Canteen Yol Cantt Rs. 3125 Not known