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Judgment
O R D E R
Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member-J
Shri Kamla Kant Mishra, learned counsel for the petitioner is present.
Shri Rajni Kant Rai, learned counsel for the respondent is present.
This Contempt Petition has been filed against the Judgment and Order dated 25.07.2025 passed in O.A. No. 1062 of 2024 vide which following direction was issued: -
“12.On the basis of the above discussions, we are of the considered opinion that the applicants in the O.A. are squarely covered by the issues discussed in paragraphs 9 and 10 above. The O.A. deserves to be allowed and is accordingly allowed. The respondents are directed to consider the case of the applicants strictly in light of the decision of the Hon'ble Apex Court in the case of Rakesh Kumar & Prem Singh (supra), and to intimate the result of such consideration to the applicants through a well-reasoned order within a period of ninety days from the date of receipt of a copy of this order”
Counsel for the petitioner submitted that the respondents have not complied the Order of this Tribunal till date.
Counsel for the respondents submitted that the petitioner is seeking benefit of Judgment of Hon’ble Supreme Court in the case of Rakesh Kumar and Prem Singh wherein the past services of employees in temporary capacity were directed to be treated as regular service. He further submitted that the respondents have filed the compliance affidavit along with requisite annexures. In compliance of the Order dated 25.07.2025 of this Tribunal, the respondents have passed the speaking order dated 04.10.2025 wherein they have observed, after considering the aforesaid Judgments of Hon’ble Supreme Court, that the applicant’s claim cannot be considered as per CCS (Pension) Rule, 1972 read with CWC Scheme, 1997 and clarification vide Office Memorandum dated 10.06.2016.
In view of the above submissions of learned counsel for the parties and after perusal of annexures attached with Compliance Affidavit, it is apparent that the respondents have sufficiently complied the Order of this Tribunal.
In view of the aforesaid situation, we are in opinion that the Order of this Tribunal has sufficiently been complied with and accordingly, the contempt proceedings are dropped and notices issued to the respondents are hereby discharged. However, if the petitioner is still aggrieved by the speaking order dated 04.10.2025, he may avail appropriate remedy if, so advised. All the pending MAs shall be deemed to have been disposed of.