Timely compliance with court orders, responsibility of the State to adhere to court decisions

ORDER/JUDGMENT (Heard through Video Conferencing.) Mr. Aditya Sanghi, learned counsel for the petitioner.

Mr. Pushpendra Yadav, learned Additional Advocate General for the respondent/State.

Mr. Lakhan Agrawal, Assistant Commissioner, Tribal Welfare Department, has joined this Court through Video Conferencing.

2. The present contempt petition has been filed in the year 2014. The order which is said to have been not complied with by the State was passed on 18-1-2013 passed in W. P. No. 806/2013(S).

3. Briefly, the facts are that the petitioner who is a daily wage cook employed in the Government Post Matric Scheduled Caste Boys Hostel, Raipura, District- Burhanpur since 14-9-1992, filed a writ petition seeking direction to the respondents, who are the State of Madhya Pradesh through the Principal Secretary, Tribal Welfare, the Commissioner, Tribal Welfare Department, Bhopal, Collector Welfare Department Burhanpur and the Assistant Commissioner, Tribal Welfare Department, Burhanpur that regular pay-scale be granted to the petitioner in the light of circular dated 17-3-1978. At that juncture, it was urged before this Court that the aforesaid circular gave daily wage employees engaged in the Tribal Welfare Department, the benefit which has been given by the order passed in W. A. No. 85/2011, Dhanu Bai vs. State of M. P. and others decided on 27-8-2011, by the Division Bench of this Court at Indore. Direction was sought that the respondents consider the case of the petitioner in the light of the decision rendered in Dhannu Bai (supra). The hearing was bi-parte, and the Government Advocate appearing for the State had no objection if such an innocuous direction was given to the respondents. Therefore, the petition was disposed of vide order dated 18-1-2013 with a direction to the respondents “to consider the claim of the petitioner as per decision rendered in Dhannu Bai (supra). While considering the claim of the petitioner, respondents would be at liberty to take into consideration subsequent circular issued by the State Government in respect of grant of wages to daily wage employees and if these circulars supersedes the government order dated 17-3-1978, the respondents would be at liberty to take into consideration such subsequent development while considering the claim of the petitioner. Let a decision be taken within a period of three months from the date of communication of this order.”

4. Annexure-C/2 to the petition at page-11 is the acknowledgement from the office of the Collector, District-Burhanpur dated 3-4-2013 with regard to the receipt of the copy of the order passed by this Court on 18-1-2013 passed in W. P. No. 806/2013 (S). The said acknowledgement also discloses that there are no vacant posts of daily wagers in the unreserved category in Burhanpur District and, therefore, the case of the petitioner was being filed and in future if vacancies opened up in unreserved category for regular post and taking into consideration the seniority, the regularization of the petitioner would be done. It is essential to mention here that the said acknowledgement dated 3-4-2013 is in a cyclostyled format with only the name of the parties, case number and the date of the order entered by hand. This petition, however, filed by the petitioner sought the grant of regular pay-scale and not regularization on the posts.

5. Under the circumstances, it is clear that the respondents were aware with the order passed by this Court atleast from 3-4-2013, if not before that. Thereafter, seven years have passed for the compliance of the said order and the case has been listed for several times and it only after this Court passed the order dated 18-12-2020 that the Assistant Commissioner, Tribal Welfare Department, Burhanpur has joined the Video Conferencing today.

6. Learned counsel for the State and the Contemner have put-forth the following arguments. First of all, he has stated that R/3 Mr. Lakhan Agrawal, Assistant Commissioner, Tribal Welfare De