Gajanan S/O Onkar Bule v. Bhagyashree Vispute, Chief Executive Officer, Zp, Buldhana

8.cp.122.2021 ..1..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 122 OF 2021 IN WRIT PETITION NO. 6648 OF 2019 Gajanan S/o. Onkar Bule -vsSmt. Bhagyashree Vispute, Chief Executive Officer, Zilla Parishad, Buldhana --------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Mr R. D. Karode, counsel for petitioner Mr B. N. Jaipurkar, Counsel for respondent CORAM: A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATE : 18.02.2022 The grievance of the petitioner was with regard to non-compliance of the directions issued in Writ Petition No. 6648 of 2019. In that writ petition on 21.01.2020 the following order was passed- "2] The controversy involved in the present Writ Petition is covered by the decision rendered by this Court at Aurangabad on 25.01.2019 in Writ Petition No. 1954 of 2018 and other connected matters. The operative portion of the order is reproduced below. "The respondent/Zilla Parishad after confirming themselves of the petitioners being District awardee teachers and awarded certificate prior to 04.09.2018 shall individually consider the case of the petitioners for additional increment as is laid down under the Govt. Resolution dated 12.12.2000. The same shall be considered on its own merits expeditiously preferably within

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a period of six month.

Writ petitions disposed of accordingly."

3] In view of the aforesaid position, Writ Petition is allowed. The petitioner is entitled to relief which is reproduced above."

2] After notice was issued in the writ petition, the Zilla Parishad was called upon to explain as to whether the case of the petitioner for entitlement of additional increment was examined as directed. The Chief Executive Officer of the Zilla Parishad has tendered an affidavit today and in para 4 it has been stated as under.:

"It is submitted that while taking decision on 9.12.2021 the answering respondent has given reference of Government Circular Dated 4.9.2018 and had considered the same. It is submitted that admittedly the petitioner were granted certificate prior to 4.09.2018."

3] In view of the aforesaid, since the case of the petitioner has been examined and it has been found that the petitioner was issued certificate prior to 04.09.2018, the order passed in writ petition stands complied with. The contempt petition is, therefore, disposed of. (G. A. SANAP, J.) (A. S. CHANDURKAR, J.) Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur