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Dr Ghanshyam Misra & Others v. Sri Rajendra Pratap - CONTEMPT APPLICATION (CIVIL) No. - 3865 of 2007 [2007] RD-AH 17330 (2 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

The petitioner alleges violation of the interim order dated 24th August, 2007 passed by this Court in Writ Petition No. 40015 of 2007.

A perusal of the interim order indicates that after granting time to file the counter affidavit and the rejoinder affidavit, the matter was directed to be listed after six weeks and no recovery was to be made from the petitioners pursuant to the impugned order dated 9th March, 2006 passed by the respondent No. 3. It was further order that henceforth the respondent shall pay salary as per the pay fixation by the respondents.

The contention of the petitioners is that the respondents have released the salary on the basis of the old fixation and not in terms of the fixation as per the Government Orders dated 27th May, 2004 and 26th August, 2004.

There is no direction by this Court that the pay fixation shall be done in accordance with these two Government Orders. In such circumstances it cannot be said there has been any wilfull disobedience of the order passed by this Court.

The Contempt Petition is, accordingly, dismissed. This will, however, not prevent the petitioner from moving an application in the writ petition for appropriate directions.

Date: 2.11.2007



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