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2002 Supreme(Del) 1142

High Court Of Delhi
SHAHADEVA SINGH - Appellant
Versus
J.N.L.SRIVASTAVA - Respondent
Civil Writ 1668 of 2002
Decided On : 08/09/2002

Advocates Appeared:
HARISH CHANDER, R.K.Sharma, Suhail Dutt

Non-compliance with the orders of the Central Administrative Tribunal can lead to the revival of contempt proceedings.

Headnote:

Contempt of Court - Employment Dispute - [Administrative Tribunal Act, 1985, Section 17] - The court discussed the compliance of its earlier orders regarding the promotion and pay scale of the petitioner. The court found that the respondents had not complied with the orders and set aside the previous order of the Central Administrative Tribunal, reviving the contempt proceedings.

Fact of the Case:

The petitioner was appointed as a Scientist and claimed entitlement to be promoted to the senior scale after completing five years of service. Despite recommendations and orders from the Central Administrative Tribunal, the respondents failed to promote the petitioner and comply with the pay scale directives.

Finding of the Court:

The court found that the respondents had not complied with the orders of the Central Administrative Tribunal and set aside the previous order, reviving the contempt proceedings.

Issues: Non-compliance with the orders of the Central Administrative Tribunal regarding promotion and pay scale.

Ratio Decidendi: The court held that the respondents had not complied with the earlier orders and revived the contempt proceedings.

Final Decision: The order of the Central Administrative Tribunal was set aside, and the contempt proceedings were revived.

ANIL DEV SINGH

( 1 ) THIS writ petition challenges the order of the Central Administrative Tribunal, Principal Bench, New Delhi dated January 28, 2002 whereby Contempt Petition No. 611/2001 in M. A. No. 250/2001 in O. A. No. 850/1999 has been dismissed and notices issued to the respondents were discharged. The facts giving rise to the petition are as follows:-

( 2 ) THE petitioner was appointed in the National Research centre for Weed Science as Scientist on 11th December, 1989 in the scale of Rs. 2200-75-2800-88-100-4000. It is the claim of the petitioner that on completion of five years service, he was entitled to be promoted to the senior scale of rs. 3000-100-3500-125-5000 with effect from 11th December, 1994. The petitioner is stated to have sent representations to the concerned authority without any tangible result.

( 3 ) ON 20th May, 1995, the petitioner was appointed in the department of Agricultural and Cooperation in the same pay scale as he was drawing in the National Research Centre for Weed Science. On 17th November, 1995, a DPC was held in which the petitioner was considered for promotion but was not recommended for the senior scale with effect from llth december, 1994.

( 4 ) WHILE the petitioner was working in the department of Agricultural and Cooperation, the recommendations of the Fifth Pay Commission were accepted and the pay in the senior scale was revised from 3000-100-3500-125-5000 to Rs. 10,000-325-15,200. A DPC was again held on 9th October, 1996 and the petitioner was found suitable for being placed in the senior scale with effect from llth December, 1995.

( 5 ) SINCE the petitioner was not placed in the senior scale with effect from llth December, 1994, fresh representations were made by him to the employer. With a view to consider the representations of the petitioner, a review DPC was constituted. The review DPC found the petitioner to be fit to be placed in the senior grade with effect from 11th December, 1994. Despite the recommendation of the DPC, the respondents did not place the petitioner in the senior scale with effect from llth December, 1994. However, there is no dispute that the petitioner was placed in the senior scale with effect from llth December, 1995. Since the respondent did not implement the recommendations of the Departmental Promotion Committee, the petitioner approached the Central Administrative Tribunal, Principal bench, by means of an original application. The Central administrative Tribunal allowed the OA of the petitioner by its order dated 3rd May, 2000 and directed the respondents to promote the petitioner with effect from llth December, 1994 giving higher scale with all consequential benefits. While allowing the OA, the Central Administrative observed as follows:-

"7. Be that as it may, the present-OA is based upon the recommendations made by the DPC held on 22-7-1999 for placing the applicant in the higher scale. It is clear from the proceedings that it is a review DPC which found the applicant fit for the next higher scale w. e. f. 11-12-1994. The applicant, therefore, should have been promoted w. e. f. 11-12-1994. The only reason given in the minutes of the DPC held on 22-6-1999 was that the matter was subjudice, in the present OA. Hence, the respondents should not have any objection for granting the promotion to the applicant w. e. f. 11-12-1994 as recommended by the DPC. XX XX XX 9. The respondents are, therefore, directed to promote the applicant w. e. f. 11-12-1994 giving higher scale, with all consequential benefits. The oa is accordingly allowed. No costs. "

( 6 ) THE original employer of the petitioner, the National research Centre for Weed Science, implemented the aforesaid order of the Tribunal on 18th November, 2000 by passing the following order:-

" In supersession of previous order of even number dated 11/09/2000, in terms of order dated 03/05/2000 in O. A. No. 850/99 of CAT, Principal bench, New Delhi and with the approval of Competent authority, ICAR, vide le
















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