Raviprabha Sahu v. A.K. Bhargav

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT NO. 535 OF 2019 Raviprabha Sahu S/o Ram Singh Sahu Aged About 38 Years Working As Assistant Teacher (L.B) And Posted At Govt. Primary School Junvani, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh. ---- Petitioner

Versus

1. A.K. Bhargav District Education Officer, Baloda Bazar, District Baloda Bazar- Bhatapara Chhattisgarh.

2. Sandeep Thakur Chief Executive Officer, Janpad Panchayat Bilaigarh, District Balodabazar - Bhatapara Chhattisgarh ... Respondents For Petitioner :

Mr. Uday Pratap Singh Sahu, Advocate.

For Respondent No.1 :

Mr. Vipin Tiwari, Advocate.

For Respondent No. 2 :

Mr. Sushil Dubey, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/09/2019

1. The present contempt petition has been filed alleging non compliance of the order on 02.01.2019 passed in WPS No. 8401 of 2018, notice upon the respondents and filed their reply, along with the reply, they have filed (Annexure R-1) dated 30.08.2019. Vide the said order, the respondents No. 2 has taken a stand that the benefit of Karmonnati has been granted subsequently withdrawn by the State with a retrospective effect vide order dated 01.05.2013 and therefore the petitioner would not be entitled for the benefit of Karmonnati. Whether the order is legally sustainable or is in accordance with the Rules and Regulations Governing the field is one which can be tested by this Court under the writ jurisdiction, veracity of this order can not be tested under the Contempt Jurisdiction of this Court.

2. Given the fact, rightly or wrongly, the respondents have passed an order on 30.08.2019, hence the direction given by this Court stands complied with.

3. Reserving the right of the petitioner to challenge the subsequent order, if he intends to do so if he is aggrieved, by way of a fresh proceedings.

4. The contempt petition in its present form stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha