1. The petitioner who was a retrenched employee in Panchayati Raj Vitta Vikas Nigam filed writ petition which was dismissed vide judgment and order dated 04.07.2016 by the learned Single Judge.
2. Against the aforesaid judgment and order dated 04.07.2016, the petitioner and others filed Special Appeal Defective No.369 of 2016. The aforesaid Special Appeal was finally allowed by the Division Bench vide judgment and order dated 04.04.2017 whereby the order of State Government dated 14.12.2006 was quashed and the judgment and order passed by learned Single Judge dated 04.07.2016 was set aside. The respondents were directed to consider the claim of the petitioner and others who were parties before the Division Bench in the Special Appeal for absorption in accordance with law and pass appropriate orders in that regard within a period of three months from the date of receipt of certified copy of the order of the Division Bench.
3. It appears that the State Government went to the Supreme Court against the judgment and order dated 04.04.2017 passed in Special Appeal Defective No.369 of 2016. Supreme Court vide judgment and order dated 07.02.2018 has dismissed the Special Leave Petition No.2140 of 2018. The State has been directed to comply with the direction issued by the Supreme Court within a period of 10 weeks from the date of the order.
4. Pursuant to the notice issued by this Court in the present contempt petition, an affidavit of compliance has been tendered by Mr. P.K. Singh, learned Standing Counsel. The affidavit has been sworn in by Mr. Anurag Srivastava, Principal Secretary, Panchayati Raj Department, Government of U.P.
Along with the aforesaid affidavit, a copy of decision dated 06.06.2018 taken in pursuance to the judgment and order dated 04.04.2017 passed by Division Bench has been placed on record in respect of the absorption of the petitioner and five others. Five persons who were writ petitioners, have been absorbed from the date of issuance of the aforesaid order dated 06.06.2018, however, in case of the petitioner a separate order dated 21.08.2019 has been passed and it has been said that since, the petitioner has already completed 60 years of age and he would have been superannuated when the order dated 06.06.2018 was passed for absorbing other five persons, he cannot be absorbed. It has further been said that the absorption has been made from the date of the order. Therefore, the petitioner is not similarly situated with other five persons who have been absorbed vide order dated 21.08.2019.
5. In view of the aforesaid order dated 21.08.2019, nothing survives in the present contempt petition which is hereby dismissed.
6. Contempt notice stands discharged. However, if the petitioner is aggrieved by the aforesaid order dated 21.08.2019, he may approach the competent Court/Forum, if law so permits and he is so advised.
Order Date :- 28.8.2019 prateek