RAGHUVIR SINGH SOLANKI Vs. BISHAN KUMAR TANDON

JUDGEMENT

(1.) THIS is a contempt petition under Section 12 of the Contempt of Court Act (Act No.? of 1971), filed by petitioner Raghuvir Singh Solanki against Shri B.K. Tandon Assistant Secretary to Government Agricultural Group III, Rajasthan, Jaipur and Shri T.R. Mehra Chief Engineer Ground Water Department, Jodhpur for punishing them for contempt of the Court. The petitioner has stated that by order Anx. 3 dated February 16, 1983 the Government has reverted the petitioner on the substantive post of the senior surveyor with immediate effect and Shri Shakati Singh who is junior to the petitioner has not been reverted by that order and thus the non -petitioners have committed contempt of this Court and they should be punished and each of the non -petitioners may be asked to pay Rs. 15000/ - as damages to him. It his also been stated that the petitioner has not received salary for 8 months as the amount of the junior post was offered to him.

(2.) THE material facts for deciding this contempt petition are these : The petitioner filed a writ petition praying therein to quash the appointment of Assistant Engineer(Civil) Shri Shakati Singh and Shri D.K. Goyal and to consider him for appointment in preference to them. This writ petition was decided on October 10, 1980 giving a direction to the State Government. Separate appeals were filed by Shri D.K Goyal who v. arrayed as respondent No. 3 and the State of Rajastaan which was impleaded as respondent No. I. The Division Bench passed the following order on December 4, 198:

(3.) WE have heard the petitioner Shri Raghuvksingh and Mr. H.N. Calla learned Government Advocate appearing for non -petitioners. The petitioner was promoted on the temporary basis on the post of Assistant Engineer (Civil) vide Government order No. F.9(109) AGR 111/80 dated May 19, 1982. A perusal of the order Anx. 2 dated May 19, 1983 shows that the petitioner who was senior surveyor was appointed on the post of Assistant Eigineer (Civil) in the Ground Water Department with effect from May 1, 1980 on urgent temporary basis till June 30, 1982 or till further orders or till regularly selected candidates in accordance with the methods prescribed under the Rajasthan Ground Water Services Rules, 1959 are made available whichever is earlier. In the order Anx. 2 dated May 19, 1983 it is specially mentioned that the urgent temporary appointment shall stand terminated on the expiry of the aforesaid period or on the availability of the newly selected candidates to be appointed unless specifically extended by the competent authority. The order Anx, 2 dated May 19, 1982 was issued in compliance wits the judgment of this Court passed in S.B. Civil Writ Petition No. 5 39/1980 and D.B. Civil Special Appeals No. 344 of 1980 and No. 3 of 1981. The post of the Assistant Engineer (Civil)) Ground Water Department was abolished vide Government order No. F.5(4) AGR/SS/III/92 dated July 31, 1982 with effect from August 1, 1982 and as a result of that the petitioner was reverted on a substantive post of senior surveyor with immediate effect vide order Anx. 3 dated February 16, 1983. In these circumstances, it cannot be said that the petitioner has been reverted in disregard of the orders passed by the Division Bench on December 4, 1981. By issuing the order Anx. 2 dated May 19, 1982 the aforesaid order has been complied with. The grievance of the petitioner in the contempt petition that Shakti Singh was not reverted at the time of the passing of the order for his reversion does not require to be examined in detail. A perusal of the reply filed by the non -petitioners shows that Shakisingh has also been reverted, though he was reverted after the passing of the order of reversion of the petitioner. In these circumstances we are of the opinion that the non -petitioners have not committed any contempt of the court for the order dated December 4, 1981 was complied with and the petitioner who was promoted on urgent temporary basis as Assistant Engineer was reverted on account of the abolition of the post of Assistant Engineer as is clear from Anx. 3 dated February 16,1983.