Sarharam Dewangan v. Mr. Subrat Sahu
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No.137 of 2016
1. Sarharam Dewangan S/o Late Jagun Lal, Aged About 76 Years R/o Lakhe Nagar, Chuna Bhatti Mahadev Bag Road Raipur, Chhattisgarh
2. Puna Ram Sahu S/o Late Vishal Sahu, Aged About 76 Years R/o Gram Tenduna, Post- Tenduna, Tah. & Distt.- Raipur, Chhattisgarh
3. Smt. Krishna Pandey W/o Late Ramgulam Pandey, R/o Teacher Colony College Ward- Danganiya, Danganiya, Raipur, Chhattisgarh
4. Bahoran Lal Sahu S/o Lalram Sahu, Aged About 77 Years R/o Behind Amin Para Samadhi House No. 32/386 Raipur, Chhattisgarh
5. Shri Dowram Thakur S/o Late Shri Bisaser Singh Thakur, Aged About 80 Years R/o Brahamn Para Raipur, Chhattisgarh ---- Petitioners
Versus
Mr. Subrat Sahu , Secretary School Education Department, Mahanadi Bhawan, Naya Raipur, Chhattisgarh ---- Respondent For Petitioners :
Shri Vikram Singh, Advocate None for respondents.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/07/2016 Heard.
2. This contempt petition has been filed alleging willful disobedience of order dated 19-03-2010 passed by this Court in W.P.(S)No.2307/2005 (Abhaya Ram Yadu and Others vs. State of Chhattisgarh and others).
3. Learned counsel for petitioners submits that despite clear direction of this Court to grant revised pay scale to the petitioners, who were holding the post of Head Master as on 01-01-1986, their claim has been rejected. Therefore, this is an
act of willful disobedience of Court order.
4. In the submission, which have been placed on record by the respondents, it is found that the claim of the petitioners fell for consideration but the same has been rejected on the ground that they have not completed 12 years of service.
5. Irrespective of the correctness of the decision, after going through the observations made by this Court in Para 7 of the order, I am of the view that it is not a case of willful disobedience of Court order and correctness of the order can be examined in a separately constituted proceedings.
6. The petition, is therefore, dismissed with liberty to the petitioners to file separate writ petition challenging correctness and validity of the decision. SD/- (Manindra Mohan Shrivastava) Judge Tumane