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2026 Supreme(Raj) 176

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL, SANDEEP TANEJA, JJ.
Nathi Devi W/o Late Shri Parmeshwar Lal – Appellant
Versus
Vaibhav Galaria – Respondent
D.B. Civil Contempt Petition No. 1180 of 2019, D.B. Civil Contempt Petition No. 1266 of 2018, D.B. Special Appeal Writ No. 663 of 2015
Decided On : 22-01-2026

Advocates Appeared:
For the Appellant : D.P. Sharma
For the Respondents: G.S. Gill, Shikha Sharma, Ashish Kumar, K. Verma, Sukriti Kasliwal

In contempt proceedings, the court has limited jurisdiction and cannot adjudicate claims beyond compliance issues as defined in prior orders, reaffirming the need for independent adjudication in separate forums.

Headnote:(A) Contempt of Courts Act, 1971 - Section 2(b) - Civil Contempt - Non-payment of dues - Petitioners raised grievance of non-payment of dues as per 6th Pay Commission after the death of applicant, alleging contempt for disobedience of prior judgments and orders - Issue centered on whether due process and compliance with earlier orders were followed - Court finds no deliberate contempt as the respondents complied with prior orders. (Paras 1-21)

(B) Scope of Contempt Proceedings - The court held that contempt jurisdiction is limited and cannot be used to adjudicate new claims or merits not previously addressed, reaffirming that contempt should not address compliance failures when independent adjudication avenues exist. (Paras 12.1-17) Facts of the Case: The petition was submitted by legal representatives of a deceased employee claiming unpaid dues of a deceased lecturer against an educational institution that had allegedly failed to comply with prior court directions regarding payment. (Paras 2-3)

Findings of Court:
The court concluded that the respondents had complied with prior directions regarding hearings and payments and found no willful disobedience or contempt. The contempt petitions were dismissed. (Paras 19-21)

Issues: Whether the respondents committed contempt by failing to ensure payment to petitioners as per court orders, and whether contempt proceedings were the correct remedy for the petitioners' claims. (Paras 4, 17)

Ratio Decidendi: The court noted that prior orders had been followed, dismissing the contempt petitions and emphasizing that any alleged failures did not meet the threshold of willful disobedience within contempt law. (Paras 8, 19)

Result: Contempt Petition dismissed.

Table of Content
1. contempt petition filed concerning non-payment of dues. (Para 2 , 3)
2. compliance with previous court orders is discussed. (Para 4 , 5 , 10)
3. no deliberate disobedience found in respondents' actions. (Para 8 , 9)
4. contempt petition dismissed; no costs ordered. (Para 12 , 13)

ORDER :

1. We have heard counsel for petitioners, counsel appearing on behalf of respondents-contemnors and perused the record.

2. Petitioners, being Legal Representatives of employee Late Shri Parmeshwar Lal, who allegedly worked as Lecturer in Seth G.R. Chamria P.G. College, Fatehpur, District Sikar, have preferred this Contempt Petition, raising a grievance of non-payment of the dues as per 6th Revised Pay Commission to Parmeshwar Lal by the management and committing disobedience of the directions issued by the Division Bench vide judgment and order dated 06.11.2015 passed in bunch of Special Appeals (Writ), being lead case D.B. Special Appeal (Writ) No. 663/2015 titled as State of Rajasthan & Anr. Vs. The Management Committee Shri Bhagwan Das Todi College. In addition, petitioners have also alleged non-compliance of the order dated 09.08.2018 passed in bunch of contempt petitions including D.B. Civil Contempt Petition No.1266/2018 of the present petitioners.

3. Indisputably, employee-Parmeshwar Lal or his Legal Representatives never filed any separate writ petition or appeal, before the High Court or Tribunal, claiming for determination of alleged dues and in the light of Government directions, issued by Division Bench in Bhagwan Das Todi's case (supra), Contempt Petition was/is after death of Parmeshwar Lal has been preferred, alleging disobedience of such directions qua deceased-employee-Parmeshwar Lal.

4. A copy of order dated 09.08.2018 passed in previous contempt petition of petitioners, has been placed on record, wherein the directions issued by the Division Bench in case of Bhagwan Das Todi (supra) were directed to be complied with and contempt petitions were disposed of with following further directions:

"5. Therefore, in all these matters, we issue the following directions:-

1. The directions which are issued are required to be complied with by the respondents in its true spirit.

2. All these contempt petitions will be treatred as representation to the concerned Secretary. Copy of the same will be given to the concern Secretary by the petitioners and office is directed to give copy of the same to each of counsel who is appearing for the department.

3. Notice will be issued to management by the Secretary for fixing date of hearing which reads as under:

In contempt Petition No.1563/2018, 1568/2018, 964/2018, 1259/2018 and 1260/2015 fixed on 31st October, 2018 and every five matters everyday thereafter and hearing will be fixed on all working days.

4. The matters will be heard within 30 days from the date of hearing and payment will be made within 15 days from the date of the order as stated hereinabove.

5. The officers concern will hear the petitioners as well as officers of the department and representative of Management and will pass a reasoned order for accepting or not accepting the claim of the petitioners.

6. All these formalities will be completed on or before 25 December, 2018 and payment will be made on or before 1st January, 2019.

7. After this order is passed by the authority, if any of the party is aggrieved by the order, it will be open for him to challenge by way of writ or file a contempt proceedings before this Court." (Emphasis supplied)

Thus, according to order dated 09.08.2018, the officers concerned were required to hear the petitioners as well as the officers of Department and representatives of management and were required to pass a reasoned order for accepting or not accepting the claim of petitioners in respect of deceased employee-Parmeshwar Lal. Such directions are well evident, from para No.5 (5) of the order dated 09.08.2018, underlined hereinabove.

5. At the outset, learned Additional Advocate General appearing

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