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Bombay High CourtCP/205/2015dispossed offdismiss for default

Amulya Rambhau Patil v. State Of Mah. Through Its Secty. Animal Husbandry, Agriculture And Marketing Deptt., Mumbai And 1

2015-08-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

cp205.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.205 OF 2015 IN WRIT PETITION NO. 5091 OF 2014 (D) Amulya Rambhau Patil -vsDnyaneshwar Bharti, The Registrar, Dr.Punjabrao Deshmukh Krushi Vidyapeeth, Akola ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.H.D.Futane, counsel for the petitioner.

Mr. Abhay Sambre, counsel for the respondent No.2. CORAM : SMT.VASANTI A. NAIK & A.M.BADAR, JJ.

DATE : 05.08.2015.

By this contempt petition, the petitioner has sought action against the respondent under the provisions of the Contempt of Courts Act for deliberate and willful disobedience of the directions issued by the judgment, dated 18/12/2014 in Writ Petition No.5091 of 2014.

It is stated on behalf of the petitioner that though this Court had, by the judgment, dated 18/12/2014, directed the respondent to consider the petitioner for promotion to the post of Section Assistant from the category of physically challenged, the petitioner has not been considered for promotion to the said post till date. It is stated that despite the representation of the petitioner, there is inaction on the part of the respondent.

On a reading of the judgment, dated 18/12/2014, of which the contempt is alleged, it appears that we had not directed the respondent to immediately promote the

cp205.15 2/2 petitioner to the post of Section Assistant from the category of physically challenged. The respondent was only directed to consider the petitioner for promotion to the post of Section Assistant. It is admitted that though some posts of Section Assistants are vacant, the respondents have not initiated any process for filling up the posts. If such a process is initiated, then only it would be necessary for the respondent to consider the petitioner for promotion to the post of Section Assistant from the category of physically challenged employees along with others.

In view of the aforesaid, the contempt petition is disposed of with no order as to costs.

JUDGE JUDGE KHUNTE