Dev Kumar Sidar v. Shri Pushpendra Kumar Meena

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 456 of 2016 • Dev Kumar Sidar S/o Shri Dhakar Singh Sidar, Aged About 28 Years Presently Posted As Assistant Teacher (Panchayat), Government Primary School, Jharband, Block-Basna, DistrictMahasamund, Chhattisgarh ---- Petitioner

Versus

• Shri Pushpendra Kumar Meena Posted As Chief Executive Officer, Zila Panchayat, Mahasamund, District Mahasamund, Chhattisgarh ................(Contemnor) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Rahul Mishra, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/10/2016 Heard.

1.

This contempt petition has been filed by the petitioner alleging willful disobedience of the order dated 30.08.2016 passed by this Court in WPS No. 4172 of 2016.

2.

Learned counsel for the petitioner submits that despite order of this Court which was communicated vide representation dated 05.09.2016 and received in the Office of Chief Executive Officer, Jila Panchayat, Mahasamund on 05.09.2016, the list of eligible candidates have been published vide memo dated 19.09.2016 in which name of the petitioner has not been mentioned by treating him as not qualified, reckoning his eligibility from the date of his 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 07 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 30.08.2016 in WPS No. 4172 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 Chandra