IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CACP No.2 of 2002(O&M)
Date of decision: 22.10.2009
Sh. R.N. Gupta & others.
-----Appellants
Vs.
Harbans Singh and another.
-----Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE GURDEV SINGH
Present:- Mr. Suvir Sehgal, Addl.A.G., Punjab
for the appellants.
Mr. Gurminder Singh, Advocate
for respondents.
---
ORDER:
1. This appeal has been preferred against order of
learned Single Judge, holding the appellants guilty of contempt
under Section 12 of the Contempt of Courts Act, 1971 (for short,
“the Act”).
2. The respondents were employed as Punjab
Agriculture Service Class-II officers in the Statistical Wing of the
Agricultural Department. They filed C.W.P. No.5290 of 1996,
claiming pay scale equal to officers working in equivalent posts in
Administrative Wing. The said claim was upheld vide judgment
dated 7.1.1997. The respondents then filed contempt petition on
10.8.1998, alleging that order dated 7.1.1997 was willfully
disobeyed. Plea of the respondents was accepted and vide order
CACP No.2 of 2002 2
dated 18.10.2001. The appellants were held guilty of contempt
and fine of Rs.2,000/- each was imposed.
3. This appeal came up for hearing on 15.9.1998 and
following order was passed:-
“We are prima facie of the view that the appellants
have not committed any contempt of court. We say so
because the directions given in CWP No.5290 of 1996 did
not explicitly contain a direction that the order in Saravjit’s
case should be applicable in the petitioner’s case as well.
Saravjit’s case is CWP No.11697 of 1995 decided on May
6, 1995.
Therefore, the petitioner has the option of either
filing a CM in CWP No.5290 of 1996 to seek a direction in
accordance with Saravjit’s case or filing a representation
before the department.
The petitioner is allowed to file a representation
within two weeks which shall be decided within one month,
meanwhile, the case is adjourned to 30.10.2008.”
4. In pursuance of the above order, order dated
31.10.2008 was passed by the State, which was against the
respondents. The matter was again considered on 28.11.2008
and following order was passed:-
“Under the orders dated September 15, 2008, the
writ petitioners, who were working in the Administrative
Wing of the Agricultural Department, had been allowed to
file a representation within two weeks and this was to be
decided within one month. The writ petitioners filed
representation within the prescribed period whereupon the
Financial Commissioner Development, Punjab passed the
order dated October 31, 2008 rejecting the representation
of the writ petitioners.
CACP No.2 of 2002 3
The rejection of the representation means that equal
pay for equal work is being denied to the writ petitioners
and parity of pay between the writ petitioners and the
officers belonging to Class-II of the Administrative Wing
has not been accepted.
When the original Writ Petition No.5590 of 2006
(Statistical Wing) was decided but there was no explicit
direction that the case of the writ petitioners would be
covered by Saravjit’s case which had been decided earlier.
In view of the above, the appellants seek more time
to re-consider the whole issue and to pass a fresh order by
reviewing their order dated October 31, 2008.
Adjourned to January 14, 2009.
Copy of the order be given dasti under the
signatures of Special Secretary of this Court.”
5. Thereafter, order dated 19.2.2009 has been passed in
favour of the respondents.
6. Learned counsel for the parties state that nothing
survives and the impugned order may be quashed.
7. Accordingly, this appeal is allowed and impugned
order of conviction of the appellants is set aside.
(ADARSH KUMAR GOEL)
JUDGE
October 22, 2009 ( GURDEV SINGH )
ashwani JUDGE