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High Court of Punjab and HaryanaCOCP/215/2020disposed of

Param Jit Kaur v. Anurag Verma

2022-08-01Mr. Justice Arvind Singh Sangwan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 01.08.2022 Param Jit Kaur ....Petitioner

Versus

Anurag Verma ....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Sukhbir Singh, Advocate for the petitioner.

Ms. Kanica Sachdeva, Advocate for the respondent.

ARVIND SINGH SANGWAN J.

CM-9009-CII-2022 Heard.

Allowed as prayed for and the short affidavit on behalf of the respondent is taken on record.

COCP-215-2020 (O&M) Prayer in this petition is for initiating contempt proceedings against the respondents on account of violation of the order dated 06.05.2019 passed in CWP No.7986 of 2019. The operative part of the order dated 06.05.2019, passed in CWP No.7986 of 2019, reads as under:- "The petitioner contends that for the grievances aired in this petition, he shall submit a comprehensive representation to respondents within two weeks from today.

The petition is disposed of with direction that in

case such representation is received from the petitioner same shall be considered by the competent authority within one month thereafter. A speaking order shall then be passed.

Needless to observe that if petitioner is found entitled, the consequential benefits shall follow." On 29.01.2020, it was noticed that since the relief as per Point No.(ii) was not granted, the respondents were directed to seek further instructions.

Reply by way of affidavit of the respondent is on record and as per the reply, the respondent being the Principal Secretary, Department of Technical Education and Industrial Training has passed a speaking order dated 05.12.2019 and it was observed that prayer No.(i) for granting benefit of ad hoc service from 31.10.1989 to 11.07.1991 was granted to her vide order dated 20.08.2019. At point No.(ii), the prayer for granting higher scale of Deputy Director for the period 31.08.2000 to 08.08.2008, was declined by passing a detailed order. With regard to Point No.3 for fixing the pay of the petitioner equal to her junior Smt. Narinder Kaur w.e.f. 01.01.2013, was accepted as per order dated 28.09.2019 and the benefit of L.T.C. was also extended and payment was credited in the account of the petitioner on 20.06.2019.

In the reply, it is also explained that in compliance of the order dated 29.01.2020, again speaking orders were issued vide Annexure R-2, considering the request at Point No.(ii) and it was decided to refer the claim of the petitioner to Accountant General, Audit Punjab. The Accountant General, Audit Punjab, submitted a reply on

18.09.2020 (Annexure R-3/2) and thereafter, the department again passed a speaking order on 20.12.2020, rejecting the claim of the petitioner.

Though, the petitioner has filed a short affidavit again stating that the order dated 28.12.2020, is not a speaking order of this Court, however, this Court find that by passing two detailed orders, the order of this Court dated 06.05.2019, is complied with and there is no other scope in the present contempt petition and the same is accordingly, dismissed.

(ARVIND SINGH SANGWAN) JUDGE 01.08.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No