PARAS KUMAR Vs. KAMAL KISHORE SONE

JUDGEMENT

(1.) The instant Contempt Petition has been filed for noncompliance of order dated 09.02.2018 passed in W.P. (S) No. 6306 of 2017.

(2.) Heard Mr. Krishna Murari, learned counsel for the petitioner and Mr. Ajit Kumar, learned Advocate General for the Opposite Parties.

(3.) Learned counsel for the petitioner submitted that by the aforementioned order, the O.P. No. 1 was directed to give a suitable post to the petitioner according to his seniority as per the Gradation List of Class-I Engineers of Road Construction Department within a period two weeks from the date of passing of order dated 09.02.2018. But, in spite of specific order, the contemnor did not place the petitioner on a suitable post rather the contemnor remitted the services of the petitioner to Road Construction Department vide notification dated 04.04.2018 to work under his juniors, upon which, the petitioner reported with protest. Aggrieved thereof, the petitioner left with no option knocked the doors of this Court by filing the present Contempt Petition. It has further been submitted that even after filing of the present contempt petition, till date the petitioner has been transferred in different departments just like shuttle cock for about ten times in spite of categorical, unambiguous order dated 09.02.2018 passed in W.P. (S) No. 6306 of 2017 to work under his juniors; by which not only the dignity but at the same time he reputation of petitioner has been jeopardized and has been subjected to mental agony but also by such act the majesty of this Court has been put to danger. The contemnors are very much aware that the petitioner is going to superannuate on 31.10.2018; hence the contemnor have transferred and posted the petitioner in different departments to kill time and are defying the order passed by this Court and are not complying the order passed by this Court. To show the chronological events in the matter, learned counsel for the petitioner has drawn attention of this Court at paragraph 7 of I. A. No. 9892 of 2018 to show the attitude of the contemnor and submitted that it is a willful and deliberate violation of unambiguous order passed by this Court. Learned counsel for the petitioner further by drawing attention of this Court to order dated 12.10.2018 submitted that this Court took cognizance the fact that petitioner by notification dated 30.08.2018 was posted in Building Construction Corporation Limited under one Junior Officer-Mr. Arvind Kumar Singh. Accordingly, this Court directed to comply the order passed in writ application or for appearance of contemnor/Opp. Party No. 1. Even after passing of specific order by this Court, the petitioner vide notification dated 210.2018 has been posted as In-Charge Chief Engineer, which is relatively lower post to that of Engineer-in-Chief granted to the person at serial no. 135 and 105 whereas the petitioner is at serial no. 4. Lastly, learned counsel for the petitioner submitted that at present one sanctioned post of Engineer-in-Chief in the same Rural Works Department is vacant; hence, in order to give a dignified superannuation necessary direction may be passed in this regard.