Pravin Mishra v. H. N. Hiradhar

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 264 of 2019

1. Pravin Mishra S/o Late Ramlakhan Mishra Aged About 42 Years R/o New Sarkanda, Jabdapara, Bilaspur, District Chhattisgarh ---- Applicant

Versus

1. H. N. Hiradhar District Education Officer, District Bilaspur, Chhattisgarh ---Respondent For Applicant :

Mr. Varun Sharma, Advocate.

For Respondent :

Mr. Mayank Kumar on behalf of Mr.

Dhiraj Ku. Wankhede, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14/05/2019

1. The present Contempt Petition has been filed alleging noncompliance of the Order dated 10.08.2018 passed in W.P.S 1053 of 2017 by this Court.

2. Perusal of the records would show that the direction given by the Court was to consider the case of the petitioner for grant of two advance increments on successful completion of the B.Ed. Course after appointment on own expenses, Annexure C/2 enclosed along with the contempt petition would reveal that after the Order passed by this Court on 10.08.2018, the respondents have vide their order dated 05.11.2018 considered the case of the petitioner and rejected the claim.

3. Given the facts, that the respondents have considered the case of the petitioner and have reached to the conclusion that he is not entitled for the benefit. This Court is of the view that the compliance

-2so far as the direction given by the respondents stands duly complied with. Whether the findings by the respondents in their order dated 05.11.2018 is proper, legal and justified or not ? Is one which could be decided by this Court only under the writ jurisdiction and cannot be looked into under the contempt jurisdiction.

4. The Contempt Petition stands disposed off, reserving the right of the petitioner to assail the Order dated 05.11.2018, if the petitioner so feels.

5. Accordingly, the Contempt Petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rahul