- (1.) The present application has been preferred for the alleged violation of order passed in W. P. S. No.4936 of 2002 dated 29th July 2003 (Annexure -1 memo of the present petition).
(2.) I have heard counsel for the both sides and looking to the facts and circumstances of the case, I see no reason to entertain this contempt application mainly for the following reasons: (i) Looking to the order passed by this Court in W. P. S. No. 4936 of 2002 dated 29th July 2003 page no. 20 paragraph -5 reads as under: - "Taking into consideration the unsatisfactory counter affidavit filed by the respondents and in absence of any satisfactory explanation I am of the opinion that the grievances made by the petitioner is fully justified. In absence of any satisfactory stand from the side of the respondent I have no option but to direct the respondents to consider the case of the petitioner for promotion to the post of Additional Labour Commissioner as expeditiously as possible and preferable within a period of six weeks from the date of production of copy of this order. The respondents are directed to consider the case of the petitioner regarding his entitlement to get the scale of Additional Labour Commissioner since the date he has been discharging the duty of Additional Labour Commissioner.  (3) In view of the aforesaid direction it appears that this Court has given a direction to the respondent authority to consider the case of the petitioner for promotion to the post of Additional Labour Commissioner as expeditiously as possible and preferably within a period of six weeks and also to consider the case of petitioner regarding the entitlement to get the pay scale of Additional Labour Commissioner. (4) It appears that thereafter Letters Patent Appeal has been preferred by the State bearing L.P. A. No. 605 of 2003 which was disposed of by the Division Bench of this Court Vide order dated 5th October 2004 wherein it was observed in page no. 23 to the memo of the present petition which reads as under: " There is no specific direction to promote the 1st Respondent -writ petitioner. It is for the Selection Committee to determine whether the writ petitioner is eligible and then the State is required to consider whether he is fit for promotion and order to this effect shall be issued or not. In the circumstances, this Court is not inclined to interfere with the order dated 29th July, 2003 passed by the learned Single Judge in W.P.(S) No. 4936 of 2002. There being no merit, this appeal is dismissed.  (5) Thus, it was observed by the Division Bench that there was no specific direction to give promotion to the original petitioner and it was left upon the discretion and wisdom of the selection committee to decide whether the petitioner is eligible and thereafter to consider promotion of the present petitioner. (6) In view of the aforesaid fact, it is submitted by Advocate General appearing on behalf of the State that scrupulously the order passed by this Court was complied with and the case of the present petitioner has been considered by the Departmental Promotion Committee and they have decided the case of the petitioner on merit for the post of Additional Labour Commissioner and petitioner was found not suitable and therefore, no question arise for granting any scale for the post of Additional Labour Commissioner to the present petitioner. (7) Looking to this submissions made by the Advocate General of the State and final decision has already been taken by this Court there is no question of any disobedience order passed by this Court much less of any willful disobedience. (8) It is submitted by the Counsel for the petitioner that decision arrived by the respondent authority is totally wrong inasmuch as and never any adverse remark was conveyed to the present petitioner upon which the petitioner was found not suitable for the post of Additional Labour Commissioner. This contention is not accepted mainly for the reason that on merits in the said decision taken by the respondent, can be challenged before the competent authority by the petitioner. Suffice it will be disposal of the present Contempt Application it there is due compliance of the order passed by this Court as it is stated that there is a decision taken by the concerned respondent authority for the promotion to be given to the petitioner and as the order of this Court has been complied with, I see no reason to entertain this application as cumulative effect. (9) In the aforesaid facts and circumstances of the case this contempt application does not survive, as there is no violation of order passed by this Court. (10) Accordingly, this application is disposed of.;