JUDGMENT :

1. Heard Sri Manish Goyal, learned senior counsel, assisted by Sri Rohan Gupta, for the appellants and Sri Ashok Khare, learned senior counsel, assisted by Sri Avneesh Tripathi, for the respondent.

2. This intra court appeal under Chapter VIII Rule 5 of the High Court Rules is against the order dated 21.10.2022 passed by the learned Single Judge in Contempt Application (Civil) No. 5669 of 2022. The operative portion of the order dated 21.10.2022 with which the appellants are aggrieved is extracted below:-

"This Court directs the opposite party to file an affidavit before this Court within three weeks complying with the order of Writ Court in granting of HAG scale which was subject to decision of writ petition. In case of failure, the opposite party shall remain present in the Court on 06.12.2022."

3. The case of the appellant is that they were opposite parties in Contempt Application (Civil) No. 5669 of 2022 filed by the respondent alleging violation of court's order dated 19.10.2019 in Writ A No. 16060 of 2019; that the order dated 19.10.2019 nowhere mandates grant of HAG scale to the writ petitioner; and, therefore, the learned Single Judge exercising contempt jurisdiction exceeded its jurisdiction by issuing a direction as if it were a writ court. It is thus prayed that the order of the learned Single Judge be quashed. With regard to the maintainability of the intra court appeal, it is submitted that the impugned direction is beyond the scope of the order of which wilful disobedience is alleged hence, the intra court appeal is maintainable in light of Supreme Court decision in Midnapore Peoples Coop. Bank Ltd. v. Chunilal Nanda, (2006) 5 SCC 399.

4. The learned counsel for the respondent submits that the natural consequence of the interim order dated 19.10.2019 passed in Writ A No. 16060 of 2019 would be that the writ petitioner (the respondent herein) would be entitled to the benefit of HAG scale therefore, denial of such benefit amounts to wilful disobedience of the writ court's order, as a result whereof, the learned Single Judge while exercising contempt jurisdiction is well within its jurisdiction to direct for grant of HAG scale. Consequently, the order impugned is not liable to be interfered with.

5. To have a clear understanding of the issues that arise for our consideration in this appeal, a glimpse at the relevant facts would be apposite. These are as follows:-

(i) The respondent, that is, the contempt-applicant in Contempt Application (Civil) No.56669 of 2022 is the writ petitioner, who filed Writ A No.16060 of 2019. He was facing an enquiry in respect of certain allegations concerning harassment of an appointee under the Scheduled Caste quota. During that enquiry, in exercise of the powers conferred under Section 17(1) of the Institutes of Technology Act, 1961 read with Clause 15(3) of the Statutes of older IIT's, the President of India, in his capacity as a Visitor of the Indian Institute of Technology (Indian School of Mines), Dhanbad approved appointment of the writ petitioner (the respondent herein) as Director of IIT (ISM), Dhanbad. As the proceedings pending/ proposed against the writ petitioner were in respect of his conduct as Professor, Department of Material Science and Engineering, IIT, Kanpur, he being appointed as Director of IIT (ISM), Dhanbad by order of the Visitor, a question arose as to whether those proceedings could continue without approval of the Visitor. The concerned ministry, however, conveyed vide letter dated August 23, 2019 that the matter may be resolved at the level of IIT Council. Questioning this letter dated August 23, 2019 and the memorandum proposing punishment, the respondent herein i.e. the writ petitioner filed Writ A No. 16060 of 2019. In this writ proceeding, on 19.10.2019, following order was passed:-

"Heard Shri G.K. Singh, learned Senior Counsel assisted by Shri Avneesh Tipathi, learned counsel for the petitioner, Shri Rohan Gupta, learned counsel appearing for the