Pankaj Naqvi, J. - (1.) Heard Sri Rahul Jain, learned counsel for the applicant and Sri P.N. Saxena, the learned Senior Counsel, assisted by Sri Jagdev Singh for the opposite party.
(2.) This contempt is preferred for punishing the opposite party for committing wilful disobedience of orders dated 11.8.2006 passed in C.M.W.P.'s No.2187 of 1997 and 33238 of 2000 and in Special Appeals No.1290 and 1291 both of 2006 dated 13.1.2016.
(3.) A dispute is sought to be raised by the applicant in respect of regularization on the post of one Anoop Bihari Lal Srivastava (short ABLS), in the following manner:- ABLS appears to have been engaged sometimes in 1988 as a daily-wager in North Central Zone Cultural Centre, Allahabad (NCZCC), whose services came to be disengaged on 26.12.1990, where after he raised an industrial dispute and an award dated 28.2.1995 came to be passed in his favour directing the opposite party to reinstate him with arrears of salary and other benefits. The award dated 28.2.1995 was challenged by NCZCC in C.M.W.P. No. 19784 of 1995, which was dismissed on 8.9.1995. It appears that ABLS was again engaged as a daily-wager on or about 4.1.1996. He filed C.M.W.P. No.31585 of 1996 claiming regularization as UDC w.e.f, 23.3.1988, which came to be disposed of on 4.10.1996 directing the competent authority to dispose of his representation dated 19.3.1996 with a further direction that it would be open for the opposite parties to consider not only regularization, but also subsequent promotion, if due under law/ rules. Pursuant thereto, the then Director, NCZCC on 11.11.1996 rejected the representation of ABLS dated 19.3.1996. He challenged the order dated 11.11.1996 in CMWP No.2187 of 1997. During the pendency of the said writ petition, the Executive Board on 19.4.2000 regularized the services of ABLS as Section Officer, in the pay-scale of Rs.6500-10500, which came to be communicated to him on 19.7.2000. The applicant along with one Pradeep Jauhari challenged the regularization dated 19.7.2000 of ABLS in CMWP No.33238 of 2000. Both the writ petitions, i.e, Writ Petition No. 2187 of 1997 and 33238 of 2000 came to be decided by a common judgment on 11.8.2006, wherein the Writ Petition No.2187 of 1997 filed by ABLS was dismissed and that of the applicant, i.e, Writ Petition No.33238 of 2000 was allowed and the order of regularization dated 19.7.2000 of ABLS was set aside. ABLS preferred two Special Appeal Nos. 1290 and 1291, both of 2006, which came to be decided on 6.11.2006, the operative part of the order is extracted hereunder:- We, therefore, modify the judgment of the Hon'ble Single Judge to the extent that it would be open to the appellant to prefer representation before the Executive Board of NCZCC making a prayer for regularization on the post he was engaged and is continuing and in case such a representation is made within four weeks along with a certified copy of this order before the Executive Board, it shall examine the grievance of the appellant and dispose of the aforesaid representation taking into account the law laid down by the Apex Court in Uma Devi (Supra) and other judgments referred to herein above, and shall pass appropriate order in accordance with law expeditiously, preferably within a period of three months. It is needless to say that the Executive Board shall pass a speaking order and communicate the same to the petitioner-appellant within the aforesaid period. With the aforesaid modification in the order of the Hon'ble Single Judge, the appeals are finally disposed of.;