High Court Of ChhattisgarhCONT/673/2020dismissed

Dr. Atul Shukla v. Dr. Shradha Girolkar

2020-09-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 673 of 2020 • Dr. Atul Shukla S/o Late Shri Devi Lal Shukla Aged About 62 Years R/o El-102, Shailendra Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. Dr. Shradha Girolkar Principal (In-Charge), Government D.B. Girl's P.G. (Autonomous) College, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Smt. Alarmelmangai D Secretary, Department Of Higher Education, Government Of Chhattisgarh, Block-03, 3rd Floor, Indravati Bhawan, Nava Raipur, District Raipur, Chhattisgarh.

3. Shri J.N. Verma S/o Gambhir Singh Verma The Then Principal, Government D.B. Girl's P.G. (Autonomous) College, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sunny Agrawal, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 23-09-2020

1. Heard.

2. Learned counsel for the petitioner would submit that on 1612-2019 this court had passed the interim order in WPS No.10621 of 2019 ( Annexure C/1) wherein the order of retirement dated 3-10-2019 passed by respondent No.1 was

stayed, whereby the petitioner was to retire on attaining the age of 62 years. He would further submit that neither the petitioner has been paid any salary nor has been assigned any job.

3. The said issue cannot be gone into in this contempt petition. If the petitioner has not been assigned any work nor has been paid any salary, the petitioner may move an application in a proper forum. It is categorically submitted that the petitioner has not been made to retire pursuant to order dated 3-102019. The order dated 16-12-2019 (Annexure C/1) passed by this court only speaks about the retirement and the retirement order was confined to the fact that retirement order dated 3-102019 may not be given effect to.

4. Since the retirement of the petitioner has not been effectuated, no case of deliberate disobedience of the order is made out. Accordingly, this contempt petition is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju