Hon'ble Irshad Ali,J.
Heard Sri Mahesh Chandra Shukla, learned counsel for the appellant and to Sri H.A.B. Sinha, learned Standing Counsel for the respondents.
This special appeal has been filed against the order dated 02.09.2019 passed in Contempt Petition No.2065 of 2013, whereby the contempt petition of the appellant has been dismissed.
The contempt petition was filed for non compliance of the order dated 18.02.2013 passed in Writ Petition No.8154 (S/S) of 2008 giving benefit of the order passed in Writ Petition No.7263 (S/S) of 2008 decided on 04.02.2013.
After issuance of notice in the contempt petition, a supplementary short counter affidavit of the Executive Engineer, Provincial Division, Public Works Department, District Sultanpur has been filed.
Learned Writ Court on the basis of para 5 of the affidavit so also the fact that the the petitioner has worked as muster roll, work-charge basis and then regular basis and all the payment has been made to him, dismissed the contempt petition by making following observation in paragraph Nos.5 to 7 of the order dated 02.09.2019 passed in Contempt Petition No.2065 of 2013:
"5. Pursuant to issuance of notice in this contempt petition, a supplementary short counter affidavit of Mr. Dharmendra Kumar Ahirwar, Executive Engineer, Provincial Division, Public Works Department, Sultanpur has been filed, which is on record.
In paragraph-5 of the said affidavit, a chart has been annexed, mentioning therein that that the petitioner had worked as muster roll, work-charge basis and then regular basis.
It appears that till 26.11.1998 the petitioner was working as work-charge basis and before that, since 1982 to 1987, he was working on muster-roll and since 1987 to 1998 he was working as work-charge and since 27.11.1998 till the petitioner got retired, he was working as regular employee.
6. It has been said that the petitioner has been paid the difference of pay of Class-IV and Class-III as daily-wage employee. A total sum of Rs.64,097/- was paid to the petitioner, which was the difference between Class-III and Class-IV post as daily-wager. However, an excess amount to the tune of Rs.13,19,364/- has been paid to the petitioner. This mistake was committed by wrong fixation of pay of the petitioner and, therefore, an inquiry against liable/responsible person(s) has already been instituted. It has been further said that the payment of the deference is to be made after deducting the daily-wage renumeration of Class-IV from the daily-wage remuneration of Class-III. However, due to clerical mistake of the office, the pay fixation of the petitioner has been done as a regular Class-III (Clerk) employee.
7. This Court did not direct that the petitioner should be paid the payment of regular employee of Class-III post or he should be paid as daily-wager. Since the petitioner was not appointed in accordance with Rules or there is no appointment order, appointing him on Class-III post, the petitioner was a daily-wage Class-III employee and difference of Class-III and Class-IV has been paid to the petitioner."
The contempt petition was filed only on the basis of non compliance of the orders dated 18.02.2013 and 04.02.2013. Once, the aforesaid orders have been complied with by filing short counter affidavit and the question involved has been examined by the learned Contempt Court, no case is made out for interference in the impugned order.
Accordingly, the special appeal is hereby dismissed.
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[Irshad Ali, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 27.9.2019 Adarsh K Singh