SYED MOHAMMAD AFSAR JAH RIZVI Vs. G K PANDEY
LAWS(ALL)-2009-4-625
HIGH COURT OF ALLAHABAD
Decided on April 06,2009

SYED MOHAMMAD AFSAR JAH RIZVI Appellant
VERSUS
SRI G.K.PANDEY Respondents

JUDGEMENT

B. K. Narayana, J. - (1.) THE instant contempt application has been filed by the applicant alleging disobedience of the interim order dated 06.03.2002 passed by this Court in Writ Petition No.1047 (S/S) of 2001 whereby the respondents were directed not to distinguish or differentiate the petitioner vis a vis the petitioners of leading Writ Petition No.5319 (S/S) of 1991 decided vide judgment & order dated 15.07.1993 (Annexure No.3 to the petition) provided the petitioner is not otherwise disentitle or disable for the post to be held. It was further directed that the petitioner shall also be entitled to salary as is being paid to his similarly situated persons in the Corporation and the continuance of the petitioner in service shall be subject to the final orders passed in the writ petition or in the stay application. Heard learned counsel for the applicant and Sri Shishir Jain, learned counsel for the opposite parties. It has been submitted by the learned counsel for the applicant that the opposite parties committed contempt of this Court's order as the opposite parties regularized the services of one Syed Hussain Ibrahim who was the petitioner in Writ Petition No.7215 (S/S) 1991, which was also decided alongwith the Writ Petition No.5319 (S/S) of 1991. He has further submitted that in view of the direction issued by this Court on 06.03.2002, the opposite parties were under a legal obligation to regularize the services of the applicant also once they had taken a decision to regularize the services of the petitioner of Writ Petition No.7215 (S/S) of 1991. THE failure of the opposite parties to regularize the services of the applicant amounted to distinguishing and differentiating the applicant vis a vis the petitioners of leading Writ Petition No.5319 (S/S) of 1991. Sri Shishir Jain, learned counsel appearing for the opposite parties relying upon paragraph-4-D of the counter affidavit has submitted that Syed Hussain Ibrahim, whose services were regularized, belongs to a cadre different from that of the applicant. THE applicant is working on daily wages as Stenographer whereas Syed Hussain Ibrahim was working on daily wages as Accounts Clerk and his services were regularized against a vacancy of Account Clerk. Since no vacancy is available on the post of Stenographer, the applicant's services have not been regularized and as and when vacancy is available in the petitioner's cadre, the claim of the applicant for regularization shall be considered on the basis of the seniority and other relevant factors. He has further submitted that the opposite parties have not committed contempt of the order of this Court and if the Court came to the conclusion that the opposite parties have committed contempt of this Court, the opposite parties tender their unconditional apology. A perusal of the order dated 06.03.2002, violation whereof is alleged in the instant contempt application, shows that the only direction issued by this Court was that the respondents shall not distinguish or differentiate the petitioner vis a vis the petitioners of leading Writ Petition No.5319 (S/S) of 1991 decided vide judgment & order dated 15.07.1993. It is an admitted fact that services of none of the petitioners of leading Writ Petition No.5319 (S/S) of 1991 have been regularized. It is also an admitted position that the applicant has been taken back in the appointment and allowed to work on daily wages and is being paid minimum of the regular pay scale payable to the regular incumbent of the post work whereof is being performed by the applicant. Syed Hussain Ibrahim whose services have been regularized belongs to a cadre different from that of the applicant. In view of the above, this Court is of the opinion that the opposite parties have not committed any contempt of the order dated 06.03.2002 passed by this Court in Writ Petition No.1047 (S/S) of 2001. Hence, the contempt application is dismissed. Notices issued to the opposite parties are hereby discharged and the contempt application is consigned to record.;


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