Deepak Kol vs. Shri D.C. Garg

Contempt Case No.1485/2012

27.2.2013

Shri Amit Dubey, learned counsel for the petitioner.

Shri Anoop Nair, learned counsel for the respondents.

By filing the response, it is stated by the respondents that they have taken decision in terms of order dated 15.12.2010 passed in W.P.No.13767/2006 and have considered the claim of the petitioner and his mother both for grant of compassionate appointment. It is further stated that vide order dated 15.2.2013, the petitioner has been informed that because of the policy in vogue, the petitioner and the mother of the petitioner both are not found fit eligible for grant of compassionate appointment therefore, claims are rejected.

This Court while disposing of the aforesaid writ petitions has specifically directed the respondents to consider the claims of the petitioner and his mother both expeditiously. The respondents were also directed to consider the claim of payment of monetary compensation. Since according to such a decision now the petitioner is not found entitled for grant of compassionate appointment, the order passed by this Court in writ petition has been complied with by the respondent, and, therefore, no further action is necessary in this contempt proceedings. However, it is seen that the controversy raised by the petitioner was not finally adjudicated on merit by this Court on earlier round, and such a claim was left open to the respondents to consider.

This being so, the petitioner if so wish may assail the order dated 15.2.2013 in appropriate proceedings afresh if at all he is not satisfied with such an order passed by the respondents.

The contempt proceedings are closed. The rule issued is discharged.

(K.K. Trivedi) JUDGE

P/