HIMANSHU PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN compliance with the order passed on 03.08.2009, the Respondent No. 6, who is the Civil Surgeon -cum -Chief Medical Officer has appeared in person today and has filed his counter affidavit.

(2.) FROM the counter affidavit, it appears that although the Respondents have acknowledged the fact that earlier a judgment was passed by this Court vide C.W.J.C. No. 2624 of 2000 in which a direction was issued to the State Government "to treat the petitioners on the same footing to that of Arun Kumar Rout and 19 others in pursuance of the order of the Supreme Court and give the same benefit to the petitioner, therein, which has been given to Arun Kumar Rout and 19 others". Against this order a legal opinion was sought for by the Respondents and as per the legal opinion, a proposal was given for filing L.P.A. against the judgment passed in C.W.J.C. No. 2624 of 2000. It is informed by the learned counsel for the petitioner that no L.P.A. was filed and directions as contained in the aforesaid writ application continued to stand for compliance by the Respondents.

(3.) WHEN the direction was not complied with a contempt petition was filed by the petitioners therein. The Respondents -authorities had filed their show -cause replies stating therein that in compliance with the orders of the Supreme Court, all the seven petitioners have been given appointment. Thereafter, the contempt application was dropped.