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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Ramesh Chandra Joshi & Anr. - Appellants
Versus
Anand Vardhan & Anr. - Respondents
Contempt Petition No. 468 of 2018
Decided On : 25-10-2021
Contempt Petition - Promotion Claim - The court found that the petitioner's claim for promotion to the post of Assistant Engineer was considered and rejected due to lack of entitlement for relaxation in qualifying service as per Statutory Rule. The court concluded that the order passed by the Writ Court had been complied with, and accordingly closed the contempt petition.
Fact of the Case:
The Writ Court had directed the respondents to consider petitioner’s claim for promotion to the post of Assistant Engineer on the basis of recommendation issued on 04.09.2017. Alleging non-compliance of the said order, this contempt petition has been filed.
Finding of the Court:
The court found that the petitioners’ claim for promotion had been considered and rejected due to lack of entitlement for relaxation in qualifying service as per Statutory Rule. The court concluded that the order passed by the Writ Court had been complied with and closed the contempt petition.
Issues: Alleged non-compliance with the Writ Court's order regarding the petitioner's claim for promotion.
Ratio Decidendi: The court's decision was influenced by the fact that the petitioners were not entitled for relaxation in qualifying service as per Statutory Rule, leading to the rejection of their promotion claim.
Final Decision: The contempt petition was closed as the court found that the order passed by the Writ Court had been complied with.
JUDGMENT
Manoj K. Tiwari, J. - Writ Court had directed the respondents to consider petitioner’s claim for promotion to the post of Assistant Engineer on the basis of recommendation issued on 04.09.2017.
2. Alleging non-compliance of the said order, this contempt petition has been filed.
3. A response affidavit has been filed by Mr. Anand Bardhan, Principal Secretary, Irrigation Department Secretariat, Dehradun. In para 6 of the said affidavit, it has been stated that petitioners’ claim for promotion has been considered and rejected, as they were not entitled for relaxation in qualifying service, as per Statutory Rule.
4. The order dated 09.08.2018, whereby petitioners’ claim was considered and rejected, has been brought on record as Annexure no. 3 to the said affidavit.
5. In such view of the matter, this Court is of the considered opinion that the order passed by Writ Court has been complied with.
6. Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged.
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