ORDER

R.SURESH KUMAR, J

This Contempt Petition has been filed seeking to punish the respondents under Section 11 of the Contempt of Courts Act, 1971, for deliberate and wilfull disobeying the orders of this Court, dated 10.12.2003

in W.A.No.731 of 1999.

2. The brief facts leading to filing of this contempt petition reads thus: (i) that the petitioner Arul Anand was selected as Assistant Marine

Radio Operator in the respondent organisation, namely Oil and Natural Gas Corporation (in short "ONGC") and he joined duty on 09.01.1985. At that time, a policy decision was taken by the respondent organisation that, those employees in the pay scale of Rs.725-1480 who have rendered minimum of one year of service in that pay scale as on 31.12.1985 may be considered for appointment by selection in the post in the pay scale of Rs.1030-2000 in their respective disciplines with effect from 01.01.1986. This decision in fact has been taken by the respondent organisation only on 03.01.1989, by which time, the petitioner had already put in about four years of service. With regard to the counting of one year qualifying service for the purpose of getting promotion as per the policy decision taken on 03.01.1989, on 17.02.1989, a decision has been taken regarding the counting of qualifying service for the purpose of promotion in respect of the direct recruits like the petitioner.

(ii) Even though orders are passed for appointment by way of direct recruitment before December of that year, based on the vacancy, somebody would have immediately joined, somebody would join later because the joining time is given 45 days. Therefore if at all those who joined prior to 31st December would complete one year period on 31st December of next year, however some of them who would join in January or even February might not have fulfilled the one year qualification to get promotion as per the policy decision taken on 03.01.1989.

(iii) However, since 45 days joining time is given, that can also be taken into account. Therefore within the 45 days, if any one joined, the remaining period, i.e., the period short of fulfilling the one year duration till 31st December of the next year would be calculated and accordingly, such promotion benefit would be extended.

(iv) However, in this context, insofar as the petitioner is concerned, such a promotion, after one year completion as on 01.01.1986 has been denied from the level of Assistant Marine Radio Operator into Marine Radio Operator (E0). The reason being for such rejection is, simultaneously another policy decision was taken where some conditions was imposed, thereby the first condition was (i) the recruitment should have been finalised in a particular year before the 31st December of that year (ii) the panel should have been operated in the same year fully or partially before 31st December of that year and (iii) one or more candidates junior to the one who had joined in subsequent year but within 45 days as stipulated in the offer of appointment and also that the concerned senior should have also joined within 45 days of the receipt of offer of appointment by him.

(v) This decision has been taken by the instructions, dated 17.02.1989

and 28.03.1989 with the aforestated three conditions.

(vi) Insofar as the condition number (iii) is concerned, since no junior to that of the petitioner had joined, such a benefit has been denied to him. Therefore the said rejection order was made denying the promotion to the petitioner to the next level, i.e., E0 level as on 01.01.1986.

(vii) The said rejection order was under challenge in the writ petition, which was dismissed by the writ court in W.P.No.13797 of 1990, dated 29.10.1998. Aggrieved over the same, the petitioner filed Intra Court Appeal in W.A.No.731 of 1999. The said writ appeal came to be decided by a Division Bench of this Court, by order, dated 10.12.2003, where the

Division Bench has held as follows :

" 10. On this backdrop, we see the policy, dated 19.04.1989. It is obvious that a