Pitamber Kashyap v. Surendra Kumar Jaiswal

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 884 of 2018 Pitamber Kashyap S/o Ram Avtar Kashyap, Peon, Dr. Bhanwar Singh Porte, Government Degree College, Pendra, R/o Village - Kudkai, Post - Kudkai, Police Station Pendra, District Bilaspur, Chhattisarh. ---Petitioner

Versus

1. Surendra Kumar Jaiswal, Secretary, Department Of Higher Education Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Rekharani Rajput, Principal, Dr. Bhawar Singh Porte, Government College Pendra, District Bilaspur, Chhattisgarh.

3. U.K. Shrivastav, Additional Director, Higher Education Directorate, Bilaspur Division, District Bilaspur, Chhattisgarh. ---Respondents For petitioner :

Shri Vinod Deshmukh, Advocate.

For respondents :

Shri Prasoon Kumar Bhaduri, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 15/02/2019 1.

The present Contempt Petition has been filed alleging non-compliance of the order passed by this Court in WPS No. 1924/2005 d/on 23/03/2018. 2.

Today when the matter is taken, the counsel for the parties submits that, the petitioner-Pitamber Kashyap has since expired. 3.

The counsel for the respondents submits that, pursuant to the order dated 23/03/2018, the respondents had reinstated the deceased employee in service and it is only after his re-joining the service that he had expired. He further submits that, the order dated 23/03/2018 is also under challenge in Writ Appeal No. 12/2019.

4.

Given the fact that the petitioner has since expired and there is the statement by the respondents which is not disputed that the deceased employee was reinstated, the Contempt Petition as of now has lost its efficacy.

5.

The Contempt Petition accordingly stands disposed off. 6.

Needless to mention that, the right of the legal heirs will be available so far as the claim for backwages is concerned which they may re-sought to in the Writ Appeal pending.

Sd/- (P. Sam Koshy) Sumit JUDGE