Hemraj Harbansh v. Gaurav Dwedi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 597 of 2020

1. Hemraj Harbansh S/o Uttara Kumar Harbansh Aged About 40 Years Working As Lecturer (L.B.) At Government Higher Secondary School Chherkapur, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

2. Narendra Kumar Sahu S/o Bharat Lal Sahu Aged About 39 Years Working As Lecturer (L.B.) At Government Higher Secondary School Chherkapur, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

3. Smt. Buddheshwari Verma W/o Dharmendra Kumar Verma Aged About 40 Years Working As Teacher (L.B.) At Government Middle School Khartora, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

4. Dharmendra Kumar Verma S/o Tularam Verma Aged About 47 Years Working As Lecturer (L.B.) At Government High School Telasi, Block Pallari, District Baloda Bazar Bhatapara Chhattisgarh.

---- Petitioners

Versus

1. Gaurav Dwedi Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. S. Prakash Commissioner Cum Director, Directorate Of Panchayat, Atal Nagar New Raipur, District Raipur Chhattisgarh

3. Fariha Alam Siddique Chief Executive Officer, Zila Panchayat Baloda Bazar Bhatapara District Baloda Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioner :

Mr. Govind Dewangan, Advocate For State :

Mr. V.R. Tiwari, Advocate

Hon'ble Shri Justice Goutam Bhaduri Order On Board 21.09.2020

1. Heard

2. Learned counsel for the petitioner submits that the following order was passed in WPS No. 1531/2020 on 05.03.2020:- "4.Without entering into the merits of the case and taking into consideration the judgment of this Court in the case of Mukesh Patel (Supra) which has also been affirmed by the Division Bench and taking note of the fact that respondents have complied with the order to the extent of granting revised pay scale to the petitioner, let respondents No. 2 to 5 take an appropriate decision at the earliest so far as release of the arrears of payment which the petitioner is entitled for. Expecting a decision from the respondents within a period of 90 days from the date of receipt of copy of this order the present writ petition stands disposed off."

3. Learned counsel for the petitioner submits that though the same arrears have been paid to the petitioner however not in entirety and for remaining no time limit is given by the State.

4. Learned counsel for the respondent submits that in light of the order passed by this Court, a part payment of 5% of his total arrears amount has been released vide letter dated 13.07.2020.

5. In the present contempt petition, the only consideration was to

whether the decision as has been ordered (supra) is arrived at or not. Since the decision has already been arrived according to the order dated 05.03.2020 therefore there is no deliberate disobedience of the order with respect to the order is committed. The rule is discharged.

6. Accordingly, the contempt petition stands dismissed. sd/- (Goutam Bhaduri) Judge Vishakha