Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4251 of 2018 Applicant :- Nikhil Sharma Opposite Party :- Rajiv Chauhan Regional Manager Counsel for Applicant :- Shrawan Dwivedi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 11.1.2018 passed by this Court in Writ Petition No. 46868 of 2016 (Nikhil Sharma vs. State of U.P. and others), wherein this Court has observed as under:-
"Shri Nripendra Mishra, learned counsel for the respondents has objected that since the petitioner has accepted contractual appointment, he is legally estopped from his raising objection that he is entitled to regular appointment. It is settled law that there is no estoppel against the law. The learned counsel for the petitioner has pointed out that as on date, there are no permanent and regular posts vacant. The respondent No.4 is directed to appoint the petitioner on regular basis within six months from the date of production of certified copy of this order.
The writ petition is allowed to the above extent. There shall be no order as to costs."
It is stated that in spite of service upon the opposite party, no order has yet been passed.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated11.1.2018 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party no. 1 is granted six months further time to comply with the judgment and order dated 11.1.2018 passed by this Court in Writ Petition No.46868 of 2016 from the date of receipt of certified copy of this order.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 21.8.2018 AKJ