Rakesh Tiwari - (1.) -Heard learned counsel for the applicant and the learned standing counsel for the respondents.
(2.) THE applicant states that the respondents have wilfully and deliberately disobeyed the judgment and order of this Court dated 19.12.2002 passed in Civil Misc. Writ Petition No. 24558 of 1991. It is submitted that the applicant along with one Brij Bihari filed Civil Misc. Writ Petition No. 24558 of 1991 challenging their denial of promotion as per select list prepared on 18.4.1989. In that writ the petitioner had challenged the action of the respondents of not promoting him from class IV to class III post though he had claimed to have been declared successful in the select list prepared on 18.4.1989. Following ad interim order dated 26.8.1991 was passed in the writ petition. "Until further order fresh recruitment will continue but two posts will be kept vacant." The aforesaid writ petition was allowed by this Court vide judgment and order dated 19.12.2002. The operative portion of the judgment dated 19.12.2002 is as under : "Having considered the submission of learned counsel for the parties and the facts and circumstances in its entirety, I am of the considered view that the petitioners are entitled to be considered for promotion to the class III group and the condition to qualify to the written test and interview again be dispensed with. Having considered the facts and circumstances in its totality, it is provided that the respondents shall consider the case of the petitioners for promotion in class III group against the post kept unfilled under the Court's order dated 26.8.1991 and shall pass appropriate order within a month from the date of receipt of the certified copy of this order. The writ petition is allowed in terms as above. No order as to costs."
(3.) IT is alleged that inspite of the aforesaid order Jantar and Shiv Kumar Pal were given temporary/officiating promotion against two posts, which were directed to be kept vacant vide interim order dated 26.8.1991. However, after the applicant submitted certified copy of the judgment and order dated 19.12.2002 he along with one Brij Bihari was promoted to class III post of Junior Assistant on probation for a period of two years vide order dated 13.2.2002 reverting Sri Jantar and Shiv Kumar Pal who were promoted earlier. The order dated 13.2.2002 for ready reference is quoted below : o� ? � ...[VERNACULAR TEXT OMMITED]... IT is alleged that thereafter the opposite parties have deliberately reverted the applicant to Class IV post ignoring the judgment and order dated 19.12.2002. By Annexure-4 the case of the applicant has been considered in terms of the judgment and order dated 19.12.2002 and it has been held : ...[VERNACULAR TEXT OMMITED]...;