IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont.(Civil)Case No.85 of 2008
Anand Bihari Sharan .... Petitioner
Versus
State of Jharkhand and ors. ...... Opposite parties
CORAM : HON'BLE THE CHIEF JUSTICE
For the Petitioner : Dr.S.K.Pandey
For the Opposite parties: JC to Sr.S.C.I &
Mr.A.K.Mehta
......
4 / 15.12.2008
. This is a petition for contempt alleging non compliance of the order
dated 3.10.2007 passed in W.P.(S) No. 2341 of 2007 by which the learned
Single Judge had been pleased to grant liberty to the petitioner to file a
representation before the respondent-contemnor to consider his claim and it
was further directed that if such a representation is filed , the authority will
consider the petitioner’s claims and pass appropriate order in accordance with
law within a period of six weeks from the date of receipt of such
representation.
It is informed by the counsel for the respondent-contemnor that
representation of the petitioner has been decided by a speaking order and all
payments have been made, except the claim of the petitioner for making
payment at the rate of UGC scale .
The petitioner’s grievance is that he has not received the payment as
per UGC scale and in reply to the same it was submitted by the counsel for
the respondent-University that the grants have to be released by the State
Government for making payment at the rate of UGC scale .
In the order, which is sought to be complied, there is no direction that
the petitioner shall be made payment at the rate of UGC scale and in absence
of this unequivocal direction, the claim of payment cannot be granted by way
of a petition of contempt. If the petitioner asserts that payment ought to
2.
have been made at the rate of UGC scale, he should have secured an order
to that effect from the concerned Bench. In absence thereof, the same
cannot be granted by way of a contempt petition.
The contempt petition, therefore, is dismissed.
( Gyan Sudha Misra,C.J.)
G.Jha/