SAMTA ANDOLAN JAIPUR Vs. SALLUDDIN AHMED

JUDGEMENT

(1.) SINCE both the contempt petitions had been preferred for committing contempt of judgment dated 05.02.2010 passed by this Court in D.B. Civil Writ Petition No. 8104/2008, therefore, they were heard together and are being disposed off by a common order.

(2.) D.B. Civil Contempt Petition No. 941/2010, Samta Andolan Vs. Shri Salauddin Ahmed & Another was preferred on 26.10.2010, contending therein that this Court vide judgment dated 05.02.2010 quashed Notifications dated 28.12.2002 and 25.04.2008 and declared the same ultra vires to the provisions of Articles 14 and 16 of the Constitution of India. Further, this Court has also quashed and set aside all the consequential orders or actions taken by the respondents, including seniority list of Super Time Scale as well as Selection Scale of the Rajasthan Administrative Service Officers, issued on the basis of above notifications. The State of Rajasthan had then preferred a Special Leave Petition(Civil) No. 7716/2010 before the Hon'ble Apex Court, wherein no interim order had been passed in favour of State and despite all these, the respondents are sitting tight over the matter and proceeding with promotions in different departments. The hearing before the Hon'ble Supreme Court has been concluded and order is reserved, but despite all these, the respondents are not restraining themselves from convening the Departmental Promotion Committee for various posts in different departments. The petitioner had given representation to the respondents for complying with the judgment passed by this Court, but instead of complying with the same, the respondents are continuously making promotions in different services and issuing seniority lists in various departments; for illustraton, promotions made in Co-operative Department, PWD Department, Finance Department, etc. in violation of the judgment passed by this Court. The copies of representations, seniority lists, promotion orders have been annexed with the contempt petition. It is further averred in the contempt petition that the petitioner has also served upon respondents a legal notice for contempt of Court on 12.10.2010. But despite all these efforts of the petitioner, the respondents are continuously defying and violating the judgment passed by this Court.

(3.) THIS Court, in D.B. Civil Contempt Petition No. 941/2010, issued notice to respondents on 01.11.2010. The State of Rajasthan filed I.A. No. 5/2010 before Hon'ble Supreme Court contending that arguments in SLP preferred by the State were concluded on 04.08.2010 and a notice has been issued in contempt petition pending in the High Court. The Hon'ble Apex Court stayed the contempt proceedings pending before this Court on 16.11.2010/25.11.2010. The Special Leave Petition filed by the State was dismissed by the Hon'ble Apex Court on 07.12.2010. Later on I.A. No. 5/2010 came up for hearing and the Hon'ble Apex Court observed that since Special Leave Petitions have been dismissed, even I.A. does not survive and the same was dismissed vide order dated 20.07.2011.