Dinesh Maheshwari, J. - (1.) UPON taking up this matter in the first round of call today, this Court expressed serious reservations that the order passed way back on 14.02.2013 requiring the non -petitioners to restore the petitioners back in service remains to be complied with yet. In response, the learned counsel for the non -petitioners prayed for and was granted some time to complete his instructions and, at request, the matter was passed over to be taken up in the second round. Now, in the second round of call, the learned counsel Mr. V.B. Sharma has placed before the Court an order issued by the Addl. Director (Admn.), Medical & Health Services, Rajasthan today, i.e., 19.07.2013 according sanction for restoration of 28 Lab Technicians covered by the said order dated 14.02.2013, which was passed in relation to CWP Nos. 14716/2012, 14992/2012 and 15981/2012.
(2.) HAVING regard to the circumstances of the case, particularly where the non -petitioners have, albeit late, come out with compliance and when it does not appear that there had been any deliberate attempt to disobey or flout the order of this Court, there does not appear any necessity to continue with these contempt proceedings any further. The learned counsel for the petitioners, however, attempted to submit that the compliance has been carried out late and even when the petitioners were otherwise not allowed the salary of the intervening period, i.e., from the date of their discontinuance until the date of order by the learned Single Judge, there is no reason that they were not immediately reinstated and hence, they would be entitled for payment of salary from the date of the order, i.e., 14.02.2013.
(3.) AS observed above, so far the present contempt petition is concerned, when it does not appear to be a case of deliberate disobedience, the proceedings herein are required to be terminated. However, in the interest of justice it is considered appropriate and hence observed that as regards any other grievance remaining or arising, it is always upon for the petitioners to take recourse to the appropriate proceedings in accordance with law including making of the representation to the authorities concerned or seeking other remedies before the competent forum. Subject to the observations foregoing, this contempt petition stands dismissed. Notices are discharged.;