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High Court Of ChhattisgarhCONT/696/2019disposed off

Shyam Sunder Tekam v. Bhagirathi Banjare

2019-11-25Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 696 of 2019

1. Shyam Sunder Tekam, S/o Jayant Ram Tekam, Aged About 34 Years, Working As Peon, R/o Village And Post Chaitma, District : Korba, Chhattisgarh ---- Applicant

Versus

1. Bhagirathi Banjare, S/o Late Shri Yadram, Aged About 62 Years, Presently Working As Assistant Commissioner, Tribal Development, Korba, District : Korba, Chhattisgarh, (Contemnor) Respondent For Applicant :

Mr. Shashi K. Kushwaha, Advocate For Respondent :

M. A.N. Bhakta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 25.11.2019

1. Shri A.N. Bhakta, counsel appearing for the respondents submits that the contemnor in the present Contempt Petition has already retired on 30.09.2019. He further submits that the incumbent, who had replaced the present respondent Shri N.K. Dixit has already passed an order holding that the petitioner/applicant would be entitled for the benefits that he was drawing prior to 11.07.2018.

2. Given the fact that the respondent has already taken a decision vide order dated 30.09.2019 for granting the petitioner's salary and other benefits as was being paid to him prior to 11.07.2018, this Court is of the opinion that nothing further remains to be proceeded-with in the present contempt petition and the same in its present form stands disposed-off.

-23. However, it is expected that the present Assistant Commissioner shall ensure that the order dated 30.09.2019 is complied-with in its letter and spirit and the petitioner/applicant should be paid all the dues that he is entitled for pursuant to the stay order passed by this Court on 03.12.2018. In the event, if the respondent ie., the present Assistant Commissioner does not ensure compliance of the order dated 30.09.2019, the petitioner/applicant would be at liberty to initiate appropriate proceedings against the present Assistant Commissioner.

4. With the aforesaid direction, the present Contempt Petition stands disposed-off.

Sd/- (P. Sam Koshy) Judge Rahul