Karunesh Singh Pawar,J. - (1.) Heard learned counsel for the petitioners and Shri Ramesh Kumar Singh, learned Senior Advocate, assisted by Shri Pankaj Khare, Advocate for respondents.
(2.) Petitioners have preferred contempt petition alleging non-compliance of order dated 02.05.2016 passed in Special Appeal No. 522/2012 (Mewa Lal and others v. State of U.P. and others) whereby the appellate court while setting aside the judgment and order dated 05.1.2012 of learned Single Judge directed the opposite party to consider the case of the appellants in the light of judgment dated 26.02.2013 passed in Special Appeal No. 110 of 2013 State of U.P. and others v. Pramod Kumar and others.
(3.) It has been pleaded on behalf of the petitioners that the petitioners are the retrenched employees of the Directorate of Census Operation, U.P., Lucknow. The work and conduct of the petitioners have all throughout been good. Government Orders have been issued for absorption and appointment of the retrenched employees of the Census Department while relaxing age against vacant post(s) lying in different Departments. Copies of the Government Orders dated 21.08.2007 and 09.10.2007 are annexed with the petition as Annexures 3 and 4 respectively. Pursuant to the Government Orders, the petitioners approached the respondent-authorities for absorption in the other Government Departments but since the respondents have not considered the grievance of the petitioners, hence, the petitioners filed Writ Petition No. 5602 (S/S) of 2009 and writ petition No. 7672 (S/S) of 2009. The Hon'ble Single Judge vide judgment and orders dated 14.09.2009 and 20.11.2009 directed District Magistrate, Barabanki to consider the petitioners' case for absorption keeping in view of the aforesaid Government Orders against the post of Lekhpal/Collection Amin or any other vacant post. It is further pleaded that instead of complying the judgment and orders passed by the learned Single Judge dated 14.09.2009 and 20.11.2009 regarding petitioner Nos. 12 and 13, the District Magistrate, Barabanki vide orders dated 08.12.2009 and 29.12.2009 rejected the claim of the petitioners. Thereafter, the petitioners have challenged the order dated 08.12.2009 and 29.12.2009 vide writ petition No. 7180 (S/S) of 2010 (Mewa Lal and others v. State of U.P. and others) which was dismissed by this Court vide judgment and order dated 05.1.2012. Aggrieved by the order dated 05.01.2012, petitioners filed Special Appeal No. 522 of 2012 (Mewa Lal and others v. State of U.P. and others) which was allowed by a Division Bench of this Court vide judgment and order dated 02.05.2016 setting aside the judgment and order dated 05.01.2012 passed by learned Single Judge in writ petition No. 7180 of 2010. The Division Bench in Special Appeal further directed the respondents to consider the case of the petitioners in the light of the judgment and order dated 26.02.2013 passed in Special Appeal No. 110 of 2013. It is contended by learned counsel for the petitioners that even after the judgment in the Special Appeal, the respondents did not comply the order passed in Special Appeal No. 522 of 2012 hence, the present contempt petition has been filed. ;