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Judgment
This contempt petition has been preferred under Article 215 of the Constitution of India read with sections 10 and 12 of the Contempt of Courts
Act, for non-compliance of the order dated 26.4.2018 passed by Writ Court in Writ Petition No. 4048/2015.
On perusal of the record it is apparent that learned Writ Court in the impugned order had directed the respondents to reconsider the case of the
petitioner in the light of the policy dated 11.10.1999 in terms of clause 9(c) and to extend the benefit of two advance increments from the initial stage
of fixation in the senior selection grade on account of petitioner's having Ph.D. Degree. It was further directed that the needful be done by the
respondents within three months from the date of production of certified copy of the order and thereby petition was disposed of.
In compliance of aforesaid direction, compliance report (Document No. 3303/2019) is filed by the respondents, wherein the respondents have
mentioned that “in compliance of the order passed by this Court, the answering respondents have taken into consideration the representation
submitted by the petitioner in the light of the policy dated 11.10.1999 vide order dated 27. 4.2019 and found that the petitioner is not entitled for the
relief in the light of the said policy, as the petitioner has already taken benefit of senior selection grade on the basis of Ph.D. Degree possessed by the
petitioner. The order is filed as Annexure C-1.
On perusal of the order dated 27.4.2019 (Annexure C-1), it appears that the respondents have considered the petitioner's case in the light of the
order of Writ Court dated 26.4.2018 and have submitted that as the increments had already been given to the petitioner, therefore, for the same reason
(having Ph.D. Degree) again increments could not be given.
In my considered opinion, no cause of action is now left and in contempt proceeding this Court is having limited jurisdiction and cannot go beyond
the order passed in the writ petition.
In the result, the contempt petition is dismissed being devoid of merit. The proceedings are dropped. Rule Nisi stands discharged.