IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

CACP No. 28 of 2024 (O&M)

in COCP No. 2811 of 2024 in CWP No. 15149 of 2022 Reserved on: 27.11.2024 Pronounced on: 07.1.2025 Dr. Manish Bansal .....Appellant Versus Subhash Chander Malik and others ....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Argued by: Mr. Ankur Mittal, Addl. A.G., Haryana Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana, Mr. Saurabh Mago, DAG, Haryana Ms. Kushaldeep K. Manchanda, Advocate and Mr. Siddhant Arora, Advocate for the appellant.

Mr. Ankur Sheoran, Advocate for Mr. Samrat Malik, Advocate for the respondents.

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SURESHWAR THAKUR , J.

1. The instant appeal has been directed against the order dated 21.8.2024, as passed by the learned Contempt Bench of this Court in COCP No. 2811 of 2024.

Brief facts of the case.

2. The respondents herein, who were appointed as Laboratory Technicians (Malaria) by way of direct recruitment, had instituted CWP No. 15149 of 2022 before this Court with a prayer therein to direct the authorities concerned, to pay them the salaries from the date of their appointment, at par with the Laboratory Technicians, who became appointed by way of promotion, along with all arrears at the market rate interest.

3. During the pendency of the petition (supra), CWP No. 16100 of 1999 titled as Rajesh Kumar and others versus State of Haryana and others, filed by other recruited Lab Technicians (Malaria) became decided by this Court through an order made thereons on 18.4.2022, and, the LPA No. 949 of 2022 directed against the said order, became dismissed by this Court through an order made thereons on 18.1.2024.

4. Vide order dated 5.2.2024, CWP No. 15149 of 2022, preferred by the present respondents, was disposed by this Court. The relevant portions of the said order become extracted hereinafter.

“Counsel for the petitioners contends that the present writ petition may also be disposed of while directing the respondents to consider and decide the pending representation(s) of the petitioners in view of the decision taken by this Court vide judgment dated 18.04.2022 in CWP-16100- 1999 which has been affirmed by the Division Bench in LPA No.949 of 2022.

Learned State Counsel has no objection to the prayer made by learned counsel for the petitioners.

Accordingly, with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of with a direction to the Competent Authority-respondent No.3 to consider and decide the representation(s) of the petitioners in a time bound manner and preferably within a period of three months from the date of receipt of certified copy of this order.

Needless to mention that upon considering the said representation(s), if any amount is found due and payable to the petitioners, the same shall be disbursed in favour of the petitioners within a further period of three months ”

5. Since the order dated 5.2.2024 remained purportedly uncomplied, thereby the respondents herein preferred COCP No. 2811 of 2024, before this Court, with a prayer therein to intiate contempt proceedings against the contemnors concerned, thus on account of the appellant herein purportedly wilfully disobeying the order (supra) passed by this Court. It has been further alleged therein, that even after the passing of the order dated 5.2.2024, the respondents concerned have not complied with the directions of this Court, which amounts to wilful disobedience on their part.

6. The learned Contempt Court concerned, vide order dated

21.8.2024, passed the hereinafter order upon the COCP (supra).

“Considering the fact that directions to consider the claim of the petitioners was passed on 05.02.2024, a period of more than 6½ months has elapsed, thus, in case the compliance report is not filed within the aforesaid stipulated period, the officer concerned shall join the proceedings through video- conferencing and would be liable to pay litigation costs to the petitioners