Hemlata Dubey v. Shri Ajeet Basant

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 14 of 2017 Hemlata Dubey W/o Shri Shesh Kumar Dubey, Aged About 33 Years Presently Posted As Assistant Teacher (Panchayat) Government Girls Primary School, Portha, Block- Sakti, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

Shri Ajeet Basant Posted As Chief Executive Officer, Zila Panchayat, District Janjgir-Champa, Chhattisgarh ................ (Contemnor) ---- Respondent For Petitioner :

Mr. Rahul K. Mishra, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/01/2017 Heard on admission.

1.

This contempt petition has been filed by the petitioner alleging willful disobedience of the order dated 22.08.2016 passed by this Court in WPS No.3931 of 2016.

2.

Learned counsel for the petitioner submits that despite order of this Court which was communicated vide representation dated 26.08.2016 and received in the Office of Chief Executive Officer, Jila Panchayat, Janjgir Champa on 26.08.2016, the list of eligible candidates have been published in which name of the petitioner has not been mentioned by treating her as not qualified, reckoning her eligibility from the date of her transfer and not from the date of initial appointment.

3. The spirit of the order of the Court is that if the petitioner's total length of service reckoned from the original date of appointment is 7 years or more, he/she should be treated as eligible though he/she may not be entitled to seniority. The representation has already been made by the petitioner. The respondent shall examine the representation in the light of

earlier order passed by this Court on 22.08.2016 in WPS No.3931 of 2016 before proceeding to consider eligibility in the matter of promotion. 4.

With this observation, at this stage, contempt petition is disposed off. Let this order be placed before the respondent for due compliance. Sd/- (Manindra Mohan Shrivastava) Judge Rekha