Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2073 of 2013 Applicant :- Vinay Kumar Singh And 8 Others Opposite Party :- A.K. Gupta M.D. U.P. Stat Bridge Corp. And Another Counsel for Applicant :- Indra Raj Singh Counsel for Opposite Party :- S.C.,Mukesh Kumar Kushwaha
Hon'ble Surya Prakash Kesarwani,J.
Counter affidavit dated 24.11.2019 filed today, is taken on record.
Heard Sri Adarsh Singh, learned counsel for the applicants and Sri P.N. Saxena, learned Senior Advocate, assisted by Sri Mukesh Kumar Kushwaha, learned counsel for the respondents.
This Contempt Application has been filed alleging that the respondents have disobeyed the order dated 24.11.1998, passed by the Division Bench in Contempt Appeal Nos. 7, 8, 9, 10, 11, 12, 13 & 14 all of 1998.
This is a frivolous Contempt Application. Undisputedly, in compliance to the orders of this Court and Hon'ble Supreme Court, the petitioners were appointed by regularisation by order dated 12.12.1996 issued by Managing Director U.P. State, Bridge Corporation Ltd., Lucknow and they are continuing in service. It appears that various Contempt Applications were filed by different persons. The present applicants have also filed separate Contempt Applications. Learned Single Judge exceeded the contempt jurisdiction to issue fresh directions, therefore, various contempt appeals were filed by the respondents on different grounds which were collectively decided by the Division Bench by order dated 24.11.1998. Some of the contempt appeals were partly allowed while others were dismissed.
Matter travelled upto Supreme Court in which some interim orders were passed by Hon'ble Supreme Court with regard to the designation. Ultimately, the Supreme Court dismissed the appeal as infructuous in the year 2001. After inviting objection, the seniority list of Junior Engineers was published by the U.P. Bridge Corporation on 16.04.2009. The Seniority list was not challenged by the applicants. Likewise seniority list of Assistant Engineers was prepared against which only the applicant no.3 filed the objection which was disposed of. Thereafter, the seniority list was published on 20.09.2012.
Now, under the garb of the contempt proceedings the applicants want redressal of their grievance with regard to the seniority. There is no order of the Writ Court interfering with the seniority list.
Learned counsel for the applicants submits that the applicants' seniority has not been correctly fixed. Even if it is so, it is not within the scope of this contempt petition either interfere with the seniority list or to issue any direction to the authority concerned in the matter of seniority list which has attained finality. The respondents have not violated the Division Bench order dated 24.11.1998. Therefore, this contempt application is liable to be dismissed.
For all the reasons aforestated, this contempt application is dismissed.
Order Date :- 27.11.2019/vkg