Shishir Kumar, J. - (1.) This application for contempt has been filed for non compliance of the order passed by the Central Administrative Tribunal dated 20th of May, 2005, by which the applicant's O.A. was allowed by passing such order, which is being quoted below: ...Under the above circumstances, the O.A. is allowed. The Respondents are directed to appoint the applicant to the post for which he has qualified the trade test and any relaxation of rules relating to age limit etc. would also be given. Needless to mention that order dated 2.11.1998 (Annexure A -3) stands quashed. The applicant is entitled to notional seniority and notional fixation of pay from the date others, who have qualified in the text, were appointed in accordance with the merits list. This order shall be complied with within a period of four months from the date of communication of this order.
(2.) Respondent -Union of India being aggrieved by the order, filed a writ petition No. 12912 of 2006, the same was dismissed by this order dated 13.05.2010. Applicant submits that in spite of the order passed by this Court dismissing the writ petition, the judgment and order passed by the Tribunal dated 20th May, 2005 has not been complied with and applicant has not been given the benefit according to that.
(3.) In the opinion of the Court, as this contempt application has been filed for non -compliance of the order passed by the Central Administrative Tribunal and there is a separate Rules as regards the Contempt of Courts (CAT) Rules, 1992, therefore, in my opinion it will be appropriate to the applicant to file a contempt application for non -compliance of the order passed by the Tribunal stating all the facts under the aforesaid rules. The Tribunal has got full fledged power to punish the authorities in case of non -compliance of the order passed by the Tribunal. Therefore, in my opinion it will be appropriate that this application for contempt can be dismissed giving a liberty to the applicant to approach the Tribunal under the aforesaid contempt Rules.;