ASHOK KUMAR AND ORS. versus DEPINDER SINGH DHESI AND ORS.

ASHOK KUMAR AND ORS. versus DEPINDER SINGH DHESI AND ORS.

No contempt; restoration of engineering degree benefits after clearing the test applies only to benefits actually enjoyed as of the date of judgment, not to confer additional advantages such as promotion to a higher post not already enjoyed.

Parties
Petitioner: Ashok Kumar and Ors.; Respondent / Alleged Contemnors: Depinder Singh Dhesi and Ors.
Jurisdiction
India
Judgment Date
13 August 2019
Procedural Posture
Contempt Petition (civil) Nos. 408 409 of 2019 in Civil Appeal Nos. 17869 17870 of 2017 / Final Judgment
Outcome
Contempt petitions dismissed
Legal Topics
Distance Education Degrees, Recognition of Qualifications, Promotion in Government Service
Contempt of Court Education Law Administrative Law Distance Education Degrees Recognition of Qualifications Promotion in Government Service

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Parties

Ashok Kumar and Ors.

Petitioner

Depinder Singh Dhesi and Ors.

Respondent / Alleged Contemnors

Procedural Posture

Contempt Petition (civil) Nos. 408 409 of 2019 in Civil Appeal Nos. 17869 17870 of 2017 / Final Judgment

Legal Issues

  1. 1 Whether respondents violated Supreme Court directions regarding restoration of benefits to candidates holding Distance Education engineering degrees upon clearing specified tests.
  2. 2 Whether promotion and additional benefits were required to be conferred beyond what was enjoyed as of date of judgment.

Ratio Decidendi

No contempt; restoration of engineering degree benefits after clearing the test applies only to benefits actually enjoyed as of the date of judgment, not to confer additional advantages such as promotion to a higher post not already enjoyed.

Court Disposition

Contempt petitions dismissed

Orders

  • Each petitioner shall deposit Rs.5000/- by way of costs in the concerned Department within four weeks, failing which the Department shall recover the same in accordance with law.