ROBKAR Vs. SHALEEN KABRA

JUDGEMENT

(1.) This case appears to be a prime example of the age-old adage: 'Justice delayed is justice denied'.

(2.) The petitioner, alongwith others, filed SWP No.2560/1998, which, vide judgment dated 24th of May, 2011, was allowed by this Court directing the respondents to consider the case of the petitioner No.7 therein/ petitioner herein for appointment against any available vacancy within four weeks from the date copy of the order is provided to them. Thereafter, since the said judgment was not complied with by the respondents, the petitioner herein filed contempt petition, being CPSW No.363/2011. During the pendency of the contempt petition, in the year 2016, i.e. after a period of more than five years from the date of passing of the aforesaid judgment, the respondent State filed an appeal against the said judgment alongwith the application seeking condonation of delay in filing the appeal before the Division Bench of this Court. The Division Bench, in terms of judgment dated 3rd of July, 2017, after hearing the parties, while rejecting the application for condonation of delay, dismissed the appeal as barred by time. Accordingly, the contempt petition was taken up for consideration, wherein in terms of order dated 28th of March, 2016, this Court observed as under:

(3.) Subsequently, having regard to the fact that the petitioner has approached this Court with the writ petition in the year 1998, i.e., more than 20 years ago, and that the judgment has been passed in his favour by the Writ Court as back as in the year 2011, i.e., 8 years ago, a series of orders has been passed by this Court from time to time directing the respondents to implement the judgment, subject matter of the contempt petition, passed by this Court, however, despite that the said judgment has remained unimplemented so far. The respondents, time and again, have sought adjournments in the matter; firstly, on the ground that the appeal is pending before the Division Bench, which appeal, subsequently, got dismissed in the year 2017 and, secondly, the respondents, on appearance before this Court on 22nd of May, 2019, have raised the argument that the Government has challenged the order of the Division Bench before the Supreme Court in a Special Leave Petition (SLP).