- (1.) Present contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971 praying that the respondents be punished for disobedience of the order dated 29.8.2012 passed by a coordinate Bench of this court in S.B. Civil Writ Petition No.5067/2010.
(2.) A perusal of the order dated 29.8.2012 in favour of the petitioner reveal that a direction was given to the State of Rajasthan to declare the petitioner as semi-permanent Store Munshi. For giving the above direction, the coordinate Bench had relied upon the decision of this court rendered in Lal Chand Sharma v. State of Rajasthan & Ors., S.B. Civil Writ Petition No.4838/1996 decided on 2.2.2010.
(3.) The learned Single Judge passed similar orders in various petitions and they were challenged by filing appeals. A Division Bench of this court while disposing about 47 appeals on 26.11.2014 rendered the judgment in D.B. Civil Special Appeal (Writ) No.1085/2014, State of Rajasthan & Ors. v. Jai Kishan Bhatiya, and other connected appeals. The Division Bench of this court has held as under:- "8. The judgment in Hem Singh and Lal Chand Sharma's case were rendered on the facts pleaded and replied of those cases, in which the petitioners were either employed initially on the post of Store Munishi in the Workcharge Establishment of the Public Health & Engineering Department, or they were allowed to work, subsequently as Store Munshis and were entitled to be given semi permanent status after completing two years of service and permanent status after completing ten years service. The facts of initial appointment are not common in all the cases, and it is not feasible to examine the facts of each and every case, individually. It is submitted by learned Additional Advocate General that in most of the cases, it is admitted that the respondents had initially joined and were working as Helpers or Beldars, which are group 'D' posts, and for which, lower pay scale was admissible to them than that the Store Munshi. A large number of certificates were issued by the Assistant Engineers fraudulently verifying that the petitioners were working as Store Munshi's, which should not give them any advantage of grant of semi permant status or permanent status under the Workcharge Establishment, inasmuch as, they were not entitled to hold the post they were appointed initially in the lower grade. We are also informed that a large number of such persons, admittedly appointed as Helpers and Beldars in lower grade, were given promotion as Pump Operator-II and thereafter as Fitters. They have filed the writ petitions on incorrect facts seeking advantage of Hem Singh and Lal Chand Sharma's case . It was found that since the screening committee has been constituted and is considering the facts of each case, with the help of the original document, it will be appropriate to leave the matters, at the first instance, to be examined by the State Government to ascertain the facts of initial appointment, and to find out whether on that basis, they are entitled to be given any benefits as well as the arrears of pay as Store Munshis. 9. In this batch of Special Appeals, learned Single Judge did not call for the reply and where reply was filed, the Court did not record any findings, that the petitioners were initially appointed as Store Munshis and were entitled to be given semi permanent or permanent status and thereafter consequential upgradation of pay and the arrears. It would thus be appropriate, that for the reasons recorded in the matter decided at Jodhpur, to follow the same reasoning and conclusion as in the judgment in State of Rajasthan & others vs Anil Acharya rendered on 20.11.2014 at Jodhpur. 10. All these Special Appeals are disposed of with the same directions as were given in Anil Acharya's case .";