Awanish Kumar Patel v. Shri S.K.Jayaswal

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 28 of 2019 Awanish Kumar Patel S/o Shri Ram Pratap Patel Aged About 41 Years R/o Village Jharausi, Post Office Khadda, Police Station Beohari, District Shaddol, Madhya Pradesh., District : Shahdol, Madhya Pradesh ---- Petitioner

Versus

1. Shri S.K.Jayaswal Secretary, Government Of Chhattisgarh. Higher Education Department, Mantralaya, Indrawati Bhawan, Block-3 Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. .............Contemnor., District : Raipur, Chhattisgarh

2. Shri Yashwant Kumar Commissioner Directorate Of Higher Education Indrawati Bhawan Block-3, Naya Raipur, Atal Nagar District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Smt. Pushpa Sahu Secretary, Chhattisgarh Public Service Commission Shankar Nagar Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sangeet Kumar Kushwaha, Advocate For State/respondent No. 1 :

Mr. Jitendra Pali, Dy. AG For Res No. 3 :

Mr. Ashish Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 22/04/2019

1. Counsel appearing for respondent No. 1 submits that the present contempt petition has been filed alleging non compliance of the order dated 20/06/2018 passed in WPS No. 5582/2012.

2. The directions given by this Court while allowing the writ petition was for grant of appointment under the physically challenged category and also for grant of seniority from the date other candidates for the said post have been appointed from the same advertisement.

3. The respondent No. 1 vide their return dated 03/03/2019 and a covering memo dated 22/04/2019 have brought on record two orders one dated 05/02/2019 and other dated 18/04/2019 showing the total compliance of the order as directed by this Court. The two orders referred to by the respondent No. 1 shows that the petitioner has since been granted appointment to the post of Assistant Professor, Chemistry and towards the consequential relief the petitioner has been granted seniority along with other candidates appointed from the same recruitment process.

4. In view of the same, this Court is of the opinion that respondents have since complied with the order hence nothing further remains for this Court to proceed in the contempt petition. However, in case if there is any further grievance arising out of the subsequent development, the petitioner has his right to challenge the same by way of a fresh proceeding.

5. The contempt petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit