GANAURI MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present petition is filed assailing the order dated 06.12.2012 (Annexure-5 to the writ petition), whereby petitioner was placed under suspension for non-compliance of the order passed by this Court in W.P. (S) No. 900 of 2005. This case for the first time was taken on 14.12.2012 and learned counsel for the respondent-State was directed to seek instruction on the averments made in the writ petition. Case was taken up again yesterday i.e. on 17.12.2012 and after hearing both the sides for quite sometime, it was adjourned for today. With the consent of the learned counsel for the parties, it is being heard and disposed of finally at the admission stage.

(2.) Undisputedly, this Court in W.P. (S) No. 900 of 2005, vide judgment dated 18.10.2008 had directed the respondents of that writ petition to pay the arrears of salary in favour of the petitioner and also to fix pay of the petitioner in the appropriate scale in consonance with the recommendations of the Fitment Committee. This exercise was to be undertaken by the respondents within four months from the date of receipt of a copy of that order.

(3.) Undisputedly, the present petitioner has joined as District Superintendent of Education, Hazaribagh on 05.07.2012. Undisputedly, for the first time, in the month of November, 2012, a representation (Annexure-1) was placed before the petitioner requesting him to make compliance of the judgment of this Court dated 18.10.2008 passed in W.P. (S) No. 900 of 2005. Undisputedly, a Contempt Case was also preferred before this Court for noncompliance of the judgment of this Court passed in W.P. (S) No. 900 of 2005. Undisputedly, the judgment of this Court passed in W.P. (S) No. 900 of 2005 has already been complied with and reply to the show cause issued in Contempt Case has already been filed by the petitioner.