Vasu Dev Yadav v. Madhup Vyas & ANR

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 662/2017 VASU DEV YADAV ..... Petitioner Through:

Mr.Rajiv Agarwal, Adv. with Ms.Meghna De, Mr.Sachin Kumar, Adv.

versus MADHUP VYAS & ANR ..... Respondent Through:

Ms.Eshita Baruah, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 05.03.2018 The present contempt petition has been filed by the petitioner alleging non compliance of order dated May 5, 2017 whereby this Court disposed of the matter with a direction to the respondents to act upon its order of March 31, 2015 within a period of four weeks from that date. I may only note that the petitioner had given his willingness to be regularized against the post of Beldar/Kuli with effect from April 1, 1990. On the last date of hearing, this Court had passed the following order: "Ms. Biji, learned counsel for the respondent, furnishing a copy of the communication dated 27.10.2017 to Mr. Agarwal, Ld. counsel for the petitioner, submits that this is the order passed in compliance of the order allegedly violated. Though, this communication, by itself records for the regularization and appointment w.e.f. 01.04.1990, Mr.

Agarwal, learned counsel for the petitioner expresses serious apprehension as regards the consequential financial and promotional benefits being available to the petitioner thereunder inasmuch as this communication does not record so, in the said clear terms. Ms. Biji, learned counsel for the respondent, on her part, seeks adjournment to have instructions as to whether with the said regularization and appointment w.e.f. 01.04.1990, the petitioner would be entitled to all the consequential financial and promotional benefits. List for the purpose on 5th March, 2018".

Today, an affidavit has been filed by the respondent-North D.M.C, which is taken on record wherein, in para 4, the following stand has been taken:

"4.

That it is submitted that Sh. Vasu Dev Yadav S/o Sh. Dharam Singh, Beldar is entitled to all the consequential financial and promotional benefits w.e.f. 01.04.1990 i.e. the date of his regularization" Mr. Rajiv Aggarwal,learned counsel appearing for the petitioner states that the aforesaid stand of the respondent-North D.M.C. shall satisfy the grievance of the petitioner in the contempt petition. Accordingly, the present proceedings are closed. It is expected that the respondents shall grant the consequential financial and promotional benefits as expeditiously as possible. If the petitioner is still aggrieved by the inaction on the part of the respondents to grant the benefits, as aforesaid, within three months from today, liberty is with the petitioner to revive the present contempt petition. V. KAMESWAR RAO, J MARCH 05, 2018/akb