71 Rajendra Kumar Sharma Ccp

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

11

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.S.B. CIVIL CONTEMPT PETITION NO.875/2013

IN

S.B. CIVIL WRIT PETITION NO.6416/1997

Rajendra Kumar Sharma son of late Shri Lallu Narayan Sharma, aged about 63 years, resident of H.No.3105, Gautam Nikunj, Bhindon Ka Rasta, Chowkri Topkhana Desh, Jaipur (Raj.)

___PETITIONER

VERSUS

1. Shri Rajeev Swaroop, I.A.S., Principal Secretary to the Government, Department of Higher Education, Government of Rajasthan, Secretariat, Jaipur (Raj.)2. Shri Naveen Jain, I.A.S., Director, Collecge Education, Government of Rajasthan, Shiksha Sankul, Jaipur (Raj.)

3. Smt. P. Chakrawarti, Principal, Rajasthan School of Arts, Government of Rajasthan, Kishanpole Bazar, Jaipur (Raj.)

___NON-PETITIONERS-CONTEMNORSREPLY TO THE CONTEPT PETITION ON BEHALF OF RESPONDENT NO.1 & 2To,

Hon'ble the Chief Justice and his other companion Hon'ble Judges of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur.

MAY IT PLEASE THIS HON'BLE HIGH COURT,At the out-set of the reply to the Contempt Petition, it is hereby submitted, that the answering respondents has very high regards towards the dignity of this Hon'ble Court and he does not think even in dreams to flout the order of this Hon'ble Court or any Court established in India under the Law. Though by any deliberate action or inaction of the answering respondents any contempt is not made out but even if the Hon'ble Court finds that any contempt is made out, the humble answering respondents tender their unconditional apology for the same.Keeping reserve the above submissions, the humble answering respondents most respectfully submit reply to the contempt petition, as under:-1. That the present petition No.875/2013 is filed in the S.B. Civil Writ Petition No.6416/1997. The present petitioner was appointed as Assistant Teacher Gr.III on temporary basis for three months on 15.11.1979, which was extended and confirmed vide order dated 31.7.1982.

2. That in the above mentioned writ petition learned Single Judge vide order dated 4.12.2012 observed that if in the year the petitioner was getting less than the minimum of the pay scale of Lecturer in 1997 then he may be allowed the same w.e.f. filing of the writ petition and to consider his case for post of Lecturer (Sculpture) by way of promotion with benefit of fixation and revision of pensionary benefits. If consideration comes favourable to the petitioner he may be granted notional benefit of fixation and benefit of revision on the pensionary benefits. 3. That the humble answering respondent department assailed the order of Honble Single Judge by preferring DB Special Appeal (Writ) No.928/2013 on certain points, however compliance of the order of this Honble Court has been made subject to final disposal of the special appeal.4. That the Hon'ble Court made a query that whether petitioner's basic salary for the year 1997 was more than the minimum of the pay scale of the post of lecturer (Sculpture) or not. If the petitioner was getting basic pay more than the start of the pay scale of the post of lecturer, then he would not be entitled for any benefit but if his basic pay in the year 1997 was less than the start of or minimum of the pay scale of the post of lecturer then he may be granted minimum of the pay scale of the lecturer (sculpture) from the date of filing of the writ petition.That with regard to the above mentioned query, the humble answering respondents submits that the petitioner was getting less pay than the minimum of the pay scale for the post of lecturer (sculpture). That in support of the above argument, letter dated 29.04.13 as Annex CR/1 is placed for the perusal of the Hon'ble Court.5. That the other prayer of the petitioner was to seek regularisation of the services. This relief was not granted to the petitioner as the notification dated 06.07.09 meant for those who were appointed on temporary basis and continued for years together. The Hon'ble Court opined that this case was not of the similar nature. The petitioner was initially appointed on regular basis on the post of asst teacher grade III. The petitioner can not be said to be temporary employee so as to cover himself by the notification dated 06.07.09.

6. That it was further pleaded that the respondents no. 4 and 5 in the earlier writ petition were given the pay scale for the post of lecturer (Sculpture) though they were not having requisite qualification. In this matter, the Hon'ble Court opined that the respondent should consider the case of the petitioner if consideration comes favourable to them and granted notional benefit of fixation and benefit of revision of the pensionary benefits. The humble answering respondents submit regarding this that the both the persons in the writ petition were temporary. They were not regular. The Honourable Court has clearly stated that the case of the present petitioner is different as he is a regular employee, therefore his case can not be considered under the notification dated 06.07.09.

7. That in the compliance of the order of the Hon'ble Court, the petitioner has been granted minimum of the pay scale for the post of lecturer (Sculpture). According to the due drawn statement, his arrear has been sanctioned from the date of the filing of the writ petition i.e. 13.10.1997 to the date of retirement i. e. 31.01.10. That according to the due drawn statement, attached with the letter of office of Principal, Rajasthan School of Art, Jaipur no. F1()STHA/RASCKUA/2013/107 dated 07.05.2014 placed as Annexure CR/2 for the perusal of the Hon'ble Court, the petitioner has been sanctioned the total arrear of Rs. 4,57,899. This payment has been sanctioned subject to the final decision of the Division Bench.8. That the humble answering respondents tender their regrets and unconditional apology for the delay occurred in compliance of the order. The delay is not at all intentional and wilful but the same is procedural.

It is, therefore, most humbly and respectfully prayed that reply to the contempt petition may kindly be taken on record and the respondent-contemnors may kindly be discharged from the contempt notices.

Any other appropriate order or direction which is deemed just and proper by this Honble Court in the facts and circumstances of this case may be passed in favour of the humble answering respondents.

JAIPUR.

DATED:

HUMBLE ANSWERING RESPONDENTSTHROUGH COUNSEL;

[DHARAM VEER THOLIA]

Additional Advocate General,

Government of Rajasthan

[RAJAN PRAJAPATI]

Junior Adv. to AAG

Notes :

1.THAT no such reply to contempt petition has been filed by the respondents previously before this Hon'ble Court.

2.THAT the copy of the reply has been given to the counsel for the petitioners.

3.THAT this reply has not been typed by any official of this Hon'ble Court.

4.THAT pie-papers were not readily available, so it has been typed on stout papers by my private stenographer.

COUNSEL FOR ANSWERING RESPONDENTS

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

S.B. CIVIL CONTEMPT PETITION NO.875/2013

IN

S.B. CIVIL WRIT PETITION NO.6416/1997

RAJENDRA KUMAR SHARMAVERSUS

SHRI RAJEEV SWAROOP AND OTHERSAFFIDAVIT IN SUPPORT OF REPLY

TO THE CONTEMPT PETITION

I, .............................. W/o Shri ......................., age about ...... years, presently posted as ................................................................................., do hereby take oath and swear as under:-1. That I am the answering respondent No.... in the present contempt petition and I am well acquainted with all the facts, as mentioned in the reply.2. That the annexed reply to the contempt petition has been drafted by counsel under my instructions, which I have carefully gone through and fully, understood contents of various paras.3. That the contents of reply to the contempt petition, so far as it relates to facts are true and correct on the basis of record and the legal averments are true and correct as per legal advice of the counsel.

JAIPUR.

DATED:DEPONENT

Verification

I, above named deponent of hereby verify on oath that the contents of para No. 1 to 3 of my affidavit are true and correct to my own knowledge. No part of it is false and nothing material has been concealed there from, so help me God.

Deponent

Jaipur,

Dated:

Identified by

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

S.B. CIVIL CONTEMPT PETITION NO.875/2013

IN

S.B. CIVIL WRIT PETITION NO.6416/1997

RAJENDRA KUMAR SHARMA

VERSUS

SHRI RAJEEV SWAROOP AND OTHERSAFFIDAVIT IN SUPPORT OF DOCUMENTS

I, .............................. W/o Shri ......................., age about ...... years, presently posted as ................................................................................., do hereby take oath and swear as under:-1. That I am the answering respondent No.2 in the present contempt petition and I am well acquainted with all the facts, as mentioned in the reply.2. That the enclosed document, Annexure-CR/1 & CR/2 of the reply are true and correct photo copies of their originals.

DEPONENT

Verification

I, above named deponent of hereby verify on oath that the contents of para No. 1 to 2 of my affidavit are true and correct to my own knowledge. No part of it is false and nothing material has been concealed there from, so help me God.

Deponent

Jaipur,

Dated: Identified by;IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

S.B. CIVIL CONTEMPT PETITION NO.875/2013

IN

S.B. CIVIL WRIT PETITION NO.6416/1997

RAJENDRA KUMAR SHARMA

VERSUS

SHRI RAJEEV SWAROOP AND OTHERSINDEXS. NO.PARTICULARS.PAGE NO.

1.REPLY TO THE CONTEMPT PETITION

2.AFFIDAVIT IN SUPPORT OF REPLY TO THE CONTEMPT PETITION

3.DOCUMENTS:

ANN-CR/1COPY OF ORDER DT. 29.04.2013

ANN-CR/2COPY OF DUE DRAWN STATEMENT

4.AFFIDAVIT IN SUPPORT OF DOCUMENTS

PLACE: JAIPUR

DATED:

COUNSEL FOR THE RESPONDENTS

[DHARAM VEER THOLIA]

Additional Advocate General,

Government of Rajasthan

[RAJAN PRAJAPATI]

Junior Adv. to AAGPAGE

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