- (1.) These are petitions under Section 12 of the Contempt of Court's Act for initiating contempt proceeding against the respondents for the alleged defiance of Division Bench judgment and order dated 24-5-1996 of this Court in Special Appeal No. 384 of 1993 and Writ Petition No. 16816 of 1993. Both the contempt petitions arise out of the common judgment and, therefore, they were heard together and are being disposed of by this judgment.
(2.) Heard Sri K.M.L. Hajela assisted by Sri S.M.A. Kazmi, learned counsel for the petitioner and Sri Sunit Kumar, learned counsel appearing for the respondents.
(3.) The short fact of the case giving rise to the contempt petition is that U.P. Rajkiya Nirman Nigam advertised 70 posts of Sub Engineers (Civil) in the year 1988 inviting applications for appointment. The vacancy was subsequently increaesd from 70 to 146. The petitioners were diploma holders in civil engineering and being eligible applied in the prescribed proforma for selection and appointment. They also appeared in the written test as well as interview conducted in the year 1989. However, when their results were not declared, the petitioner, Santosh Kumar Srivastava, filed Writ Petition No. 30071 of 1992 which was heard and allowed vide judgment and order dated 21-5-1993. The operative of the order is as under :"For the reasons given in writ petition No. 5859 of 1991 Mahsh Kumar v. U.P. Rajkiya Nirman Nigam Ltd. Lucknow and another the, respondents are directed to declare the result of the petitioner within a period of two weeks from the date of filing of a certified copy of this order. In case the petitioner qualifies in the said examination, then a letter of appointment may be issued in his favour within a period of one month from the date of declaration of the result.The writ petition is allowed.There will be no order as to costs.";