Dr Vanshika Agrawal v. Ms Anuradha Prasad & ANR.

SINDHU KRISHNAKUMAR 24.08.2020 23:27 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 453/2020 DR VANSHIKA AGRAWAL ..... Petitioner Through:

Ms. Monisha Handa, Advocate (M:

9899707345).

versus MS ANURADHA PRASAD & ANR. ..... Respondents Through:

Mr. V.K. Singh, Advocate for ESIC (M: 9811645002).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 24.08.2020 1.

This hearing has been held through video conferencing. 2.

The present contempt petition has been filed on the ground that the order dated 24th February, 2020 passed in W.P(C) 2032/2020 is not been complied with by the Respondents. The said order reads as under:- "This petition impugns the advertisement dated 11.02.2020 which seeks to employ a person on contractual basis in the same position as the petitioner is presently serving.

Her qualification for rendering the services and the quality of service is not in dispute. That being the position, it would be in the fairness of things that she too be considered for further contractual employment. In any case the petitioner's position in the said post, for which fresh entrant is sought, will not be disturbed till the next date of hearing.

The petitioner is stated to have completed 30 years of age just a couple of days prior to the issuance of the aforesaid advertisement. Surely, that should not defeat her being considered for further contractual employment. Therefore, By:PRATHIBA M SINGH

respondent no.1 shall consider her application, if she applies, without prejudice to her rights and contentions.

The learned counsel for respondent no.1 contends that the continuation of services are purely on contractual basis, Issue notice.

The learned counsel named above accepts notice on behalf of respondent no.1.

Reply, if any, be filed within four weeks.

Rejoinder, if any, be filed before the next date. List on 21.04.2020.

A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master."

3.

Ms. Monisha Handa, ld. counsel appearing for the Petitioner submits that subsequent to the filing of the contempt petition, the contractual term of the Petitioner has been extended for a period of one year. Accordingly, the main relief in the contempt petition stands satisfied. Needless to add, that since the extension has now been granted, the salary and other benefits of the Petitioner will also continue in terms of the order dated 24th February, 2020. No further orders are called for.

4.

The present order shall be without prejudice to the rights and contentions of the parties in the main writ petition, being W.P.(C) No. 2032/2020.

5.

The petition, along with all pending applications, is disposed of. PRATHIBA M. SINGH, J.

AUGUST 24, 2020/MR/A By:PRATHIBA M SINGH