SMT. ANJU SHARMA Vs. SMT. BINU GUPTA & ANR.
LAWS(RAJ)-2013-7-288
HIGH COURT OF RAJASTHAN
Decided on July 18,2013

Smt. Anju Sharma Appellant
VERSUS
Smt. Binu Gupta And Anr. Respondents

JUDGEMENT

Dinesh Maheshwari, J. - (1.) UPON taking up this contempt petition today in the first round of call, this Court expressed serious reservations on the unnecessary delay being caused in this matter where the order was passed in CWP No. 6154/2008 way back on 15.12.2010 for consideration of the case of the petitioner for grant of compassionate appointment but the matter was lingering undecided yet. In response, the learned counsel for the non -petitioner -contemnor prayed for some time to enable the non -petitioner to carry out compliance today itself. Having regard to the circumstances, the matter was passed over to be taken up in the second round. Now, an order issued today by the District Education Officer (Elementary Education) & Addl. Chief Executive Officer, Tonk, according compassionate appointment to the petitioner as Teacher Gr. III against the widow quota, subject to orders to be passed in pending intra -court appeal, has been placed before the Court. Though it could be appreciated that today, upon the Court having expressed concern and reservations, all the concerned have seen the reasons and have carried out immediate compliance but then, such a compliance ought to have been carried out much earlier as the order was passed by the Court way back on 15.12.2010 and its compliance was to be made within two months thereof. Be that as it may, it is expected that the promptitude, as now shown after the Court expressed reservations, is shown by the concerned authorities as a matter -of -course in all such matters so as to avoid unnecessary litigation.
(2.) WHEN the compliance has been carried out in the present case, albeit late, and when it does not appear that there had been a deliberate attempt on the part of the non -petitioner - contemnor to flout the order, this Court would prefer to put an end to these proceedings in contempt; and hence this contempt petition is required to be dismissed. However, if the petitioner has any other grievance, it goes without saying that termination of these proceedings in contempt shall not be of any impediment in her taking recourse to appropriate remedies in accordance with law. Subject to the observations foregoing, the contempt petition is dismissed. Notices are discharged.;


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