Atul Kumar Ekka v. Ashwani Dewagan

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE (CIVIL) No. 412 of 2019 Atul Kumar Ekka, S/o Isidore Ekka, aged about 30 years, R/o Bhagwanpur Khurd, Ajirma, near Old Age Home, Post- Raghawpuri, Dist Surajpur (CG) ... Petitioner versus Ashwani Dewagan, Chief Executive Officer, Zila Panchayat, Surajpur, District Surajpur (CG) ... Respondent For Petitioner :

Mr. Sanjay Pathak, Advocate.

For Respondents :

Ms. Somya Sharma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/08/2019 1.

The present contempt petition has been filed alleging non-compliance of the order dated 18.2.2019 passed by this Court in WPS No. 1054 of 2019. 2.

Vide the said order, the respondent no. 2 and 4 were directed to consider the case of the petitioner subject to his falling within the zone of consideration and fulfilling the eligibility criteria for promotion from the post of Assistant Teacher (Panchayat) to Teacher (Panchayat).

3.

The respondents have now appeared and filed their reply and according to their reply the petitioner's service has since now been absorbed in the Education department and the promotion henceforth will have to be given by the Education department subject to availability of post on which the promotion has to be granted and subject to which the petitioner teaches. As such, the answering respondents do not have any further role to play so far as the promotion of the petitioner is concerned.

4.

Given the aforesaid reply by the respondents, this Court is of the opinion that the order appears to have been complied with by the respondents. 5.

However, the petitioner would be at liberty to approach the Court by way of a fresh proceeding if his grievance still survives in the light of changed circumstances.

6.

The contempt petition accordingly stands disposed of. Sd/- (P. Sam Koshy) JUDGE /sharad/