IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. (C) Case No. 404 OF 2008
Surya Prasad Roy Petitioner
Versus
The State of Jharkhand & Ors. Respondents
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CORAM HON'BLE THE CHIEF JUSTICE
For the Appellant/Petitioner Mr.S.K.Pandey
For the Respondent/Opp.Party JC to G.P II
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4. 9.2.2009
This is a petition for contempt alleging non-compliance of the order
dated 1.9.2004 passed in CWJC No.11805/1993P, by which the learned Single
Judge had allowed the writ petition holding therein that the petitioner is entitled to the
scale of Headmaster, which was to be paid to him.
The petitioner has alleged in this petition that although the amount has
been sanctioned for payment, the scale of Headmaster has not been granted to him
and only the scale of a Teacher/Master has been allowed, on the basis of which the
amount has been paid.
The aforesaid controversy cannot be raised by way of a petition for
contempt since the version of the respondent-contemnors is that the amount has not
been paid as per the scale of the Teacher/Master, but has been paid on the basis of
the scale applicable to the Headmaster. Under the circumstance, the petitioner
should have got the order of the learned Single Judge clarified either by way of an
application for clarification or by a petition of review as to whether the computation
is correct or not and the aforesaid controversy cannot be made a subject-matter of a
petition for contempt. In so far as this petition for contempt is concerned, no case for
contempt is made out. The petition, therefore, is dismissed.
(Gyan Sudha Misra.C.J.)
dey