RAM KISHAN versus SH. TARUN BAJAJ & ORS.

RAM KISHAN versus SH. TARUN BAJAJ & ORS.

No case for contempt is made out since there was no wilful or contumacious disobedience by the respondents. There was no direction regarding grant of re-designated or higher post to the applicant, and in absence of any provision the authority cannot be directed to pay salary for two persons for one post.

Parties
Applicant: Ram Kishan; Respondents: Sh. Tarun Bajaj & Ors.
Jurisdiction
India
Judgment Date
17 January 2014
Procedural Posture
Contempt Petition (civil) No. 336 of 2013 in Civil Appeal No. 4985 of 2012 / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Wilful Disobedience of Court Order, Reinstatement, Consequential Benefits, Back Wages, Service Post Entitlement
Contempt of Court Service Law Wilful Disobedience of Court Order Reinstatement Consequential Benefits Back Wages Service Post Entitlement

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Parties

Ram Kishan

Applicant

Sh. Tarun Bajaj & Ors.

Respondents

Procedural Posture

Contempt Petition (civil) No. 336 of 2013 in Civil Appeal No. 4985 of 2012 / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the respondents wilfully disobeyed the Supreme Court's judgment regarding reinstatement and consequential benefits, including back wages, to the applicant.
  2. 2 Whether the applicant was entitled to benefits of a re-designated/higher post after compulsory retirement was quashed.

Ratio Decidendi

No case for contempt is made out since there was no wilful or contumacious disobedience by the respondents. There was no direction regarding grant of re-designated or higher post to the applicant, and in absence of any provision the authority cannot be directed to pay salary for two persons for one post.

Court Disposition

Petition dismissed

Orders

  • No case for contempt proceedings is made out against the respondents.
  • No order as to costs.