AVINASH SHARAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the six petitioners herein have filed a petition for contempt alleging noncompliance of the judgment and order dated 12.10.2004, against which the respondent State had filed an appeal before the Supreme Court stating that no case for contempt is made out. Learned Judges of the Supreme Court, vide order dated 3.8.2007 passed in Civil Appeal No.6098/1997, remanded the matter to the High Court to consider whether the respondent -petitioners have succeeded in making out a case for contempt against the appellant -respondent State in their favour and therefore, the counsel for the parties have been heard on the question referred to above.

(2.) HAVING heard the counsel for the parties at length, it could be noticed that the petitioners had been recommended for absorption, since they had discharged duties as Teaching Staff against the sanctioned posts. In support of their assertion, counsel for the petitioners invited the attention of this Court to Annexure - IVA to the reply filed by them, which is an extract from the Agrawal Commissions report indicating the names of such persons who had been discharging duties against the sanctioned posts and were also fit for absorption. Besides this, counsel for the petitioners also has drawn the attention of this Court to the order issued by the Sido Kanhu Murmu University as contained in Annexure - 3 to this writ petition for their absorption and the University also absorbed them, but the respondent -State failed to grant recognition to this absorption and did not pay the salary which is payable in pursuance to the absorption to such Teaching Staff who had been discharging duties on the sanctioned posts.

(3.) MR .R.Krishna, Sr.S.C, representing the respondent -State, who are contemnors herein, submitted that the petitioners are not fit for absorption against the sanctioned posts, nor are they entitled to receive the salary for the sanctioned posts and thus, he has sought to make out a case that the petitioners have failed to make out a case of contempt in their favour against the respondent -contemnors.