Bela M. Trivedi, J. - (1.) HEARD the learned counsels for the parties. Mr. Kishore Kumar, RAS, The Then Commissioner (H.Q.) Nagar Nigam Jaipur, at present ADM, Ajmer City, is personally present in the Court, pursuant to the earlier order passed by the Court. The present contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for the alleged non -compliance of the order dated 23.07.2008 passed by the learned Single Judge in SBCWP No. 3589/1997.
(2.) THE petitioner, who was working as Fireman had filed the writ petition being No. 3589/1997 for consideration of his promotion. The said petition was allowed by the Court vide the order dated 23.07.2008 by issuing following direction: - 8. For the reasons above, I allow the writ petition with the direction to the respondents to consider the petitioner for promotion to the post of Assistant Fire Officer and in case he is found eligible/suitable, then he may be promoted to the said post. The respondents are to consider the petitioner for promotion at the earliest and in no case beyond the period of two months from receipt of the certified copy of this order. The present petition has been filed for alleged non -compliance of the said order and the same has been resisted by the respondent No. 1 by filing the reply, contending inter alia that the case of the petitioner was examined by the DPC held on 12.06.2009 and it was found that the petitioner was only Fireman and since he was not promoted to the post of Leading Fireman, he could not be further promoted to the post of Assistant Fire Officer, in view of the Rajasthan Municipality (Subordinate & Ministerial) Service Rules, 1963. The DPC, therefore, had decided to make the recommendation to the State Government to consider the case of the petitioner and to provide relaxation in the Rules for the promotion to the post of Assistant Fire Officer.
(3.) IT has been submitted by the learned counsel Mr. B.M. Singh, for the petitioner that despite the specific direction given by the learned Single Judge directing the respondents to promote the petitioner on the post of Assistant Fire Officer, the respondents are deliberately not complying with the said order.;