Court No. - 24 Case :- CONTEMPT No. - 2036 of 2005 Petitioner :- Barsati Respondent :- Sher Bahadur And Another Petitioner Counsel :- A.M.Tripathi Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the applicant and Sri K.S. Pawar, learned
Counsel for the opposite parties.
The writ Court, vide order dated 1.2.2005, disposed of the writ petition
No. 6609 (SS) of 2004 with the following direction :
“In view of the facts and circumstances of the case, it would be
appropriate for the petitioner to approach District Cane Officer,
Balrampur to look into the matter afresh. He may call for the record and
the representation and considering the exigencies prevailing in the
Authority, he may consider for reengaging the petitioner on some Class
IV post. This exercise may be done within a month from the date a
certified copy of this order is produced.”
As the order dated 1.2.2005 has not been complied with, applicant has
filed the instant contempt petition.
It is not dispute by the learned Counsel for the parties that the petitioner
prior to disengagement was serving in the office of the opposite parties
as daily wager and since the writ Court has passed an order for
consideration for re-engaging the petitioner on some Class IV Post,
petitioner’s case was considered and he was engaged as daily wager
and as such, status of the petitioner has not been changed.
In view of the above, I find that the order dated 1.2.2005 passed by the
writ Court has been complied with letter and spirit.
The contempt petition is dismissed.
Order Date :- 16.7.2010
Ajit/-
Court No. – 24
C.M.Application No. 58773 of 2010
Case :- CONTEMPT No. – 2036 of 2005
Petitioner :- Barsati
Respondent :- Sher Bahadur And Another
Petitioner Counsel :- A.M.Tripathi
Hon’ble Rajiv Sharma,J.
This is an application for recall of the order dated 18.5.2010.
Heard.
Cause shown in the application for recall of the order dated 18.5.2010 is
sufficient.
Application is allowed.
The order dated 18.5.2010 is recalled. The contempt petition is restored to its
original number.
Order Date :- 16.7.2010
Ajit/-
Court No. – 24
Case :- CONTEMPT No. – 2036 of 2005
Petitioner :- Barsati
Respondent :- Sher Bahadur And Another
Petitioner Counsel :- A.M.Tripathi
Hon’ble Rajiv Sharma,J.
The contempt petition is restored to its original number vide my order of date
passed on C.M. Application No. 58773 of 2010.
Order Date :- 16.7.2010
The contempt petition is dismissed vide my order of date passed on separate
sheet.
Order Date :- 16.7.2010
Ajit/-