DULAL MANDAL v. THE STATE OF JHARKHAND
Court: High Court of Jharkhand
Bench: HON'BLE MR. JUSTICE S.CHANDRASHEKHAR
Judgment date:
Case summary
High Court of Jharkhand judgment dated 2020-02-14. DULAL MANDAL v. THE STATE OF JHARKHAND. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 243 of 2018 1. Dulal Mandal, son of late Basudev Mandal, aged about 46 Yrs, resident of Dalwar, PO and PS-Nala, District-Jamtara 2. Guhiram Ghosh, son of late Kamal Ghosh, aged about 55 Yrs, resident of village-Dalwar, PO and PS Nala, District-Jamtara 3. Sanat Mandal, son of Late Basudev Mandal, aged about 46 Yrs, resident of village-Dalwar, PO and PS-Nala, District-Jamtara 4. Chandra Mohan Ghosh, son of late Kishori Mohan Ghosh, aged about 55 Yrs, resident of village-Dalwar, PO and PS-Nala, District-Jamtara 5. Bidyut Mandal, son of Manil Mandal, aged about 39 Yrs, resident of village-Dalwar, PO and PS-Nala, District-Jamtara 6. Lalit Mahato, son of late Norohari Mahato, aged about 50 Yrs, resident of village-Kundhit, PO and PS-Kundhit, District-Jamtara 7. Mukti Bardhan, son of late Krishna Chandra Bardhan, aged about 39 Yrs, resident of village-Kundhit, PO and PS-Kundhit, District Jamtara ... ... Petitioners Versus 1.
The State of Jharkhand 2. V. K. Tiwary, Principal Secretary, Department of Drinking Water and Sanitation, Project Building, PO &PS-Dhurwa, Ranchi-834004 3. Sristhidhar Modi, Chief Engineer, Department of Drinking Water and Sanitation, Dumka, PO&PS-Dumka, District-Dumka 4. Raghu Nandan Sharma, Superintending Engineer, Drinking Water and Sanitation Department, Deoghar, PO, PS & District-Deoghar 5. Rash Bihari Singh, Executive Engineer, Drinking Water and Sanitation Division, Jamtara, PO,PS&District-Jamtara ... ... Opposite Parties ----------------- CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioners: Mr. Swapan Maji, Advocate For the State : Mr. Lal Gyan Ranjan Nath Shahdeo, A. C. to G. P. II ------------------ 08/14. 02.
2020 This contempt case has been filed for initiating a proceeding against the Principal Secretary, Drinking Water and Sanitation Department under the Contempt of Courts Act, 1971 for his willful and intentional breach of the writ Court’s order passed in W. P. (S) No. 3481 of 2012. 2. The writ Court has issued a direction to the Principal Secretary, Drinking Water and Sanitation Department to issue necessary order for grant of wages in minimum scale of pay to the petitioners in W. P. (S) No. 3481 of 2012. -2- 3. The State of Jharkhand has filed review petition being Civil Review No. 01 of 2019 which has been dismissed. 4. The show-cause reply filed by the contemnor-Secretary, Drinking Water and Sanitation Department is unsatisfactory. It does not reflect any substantial reason due to which he was unable to comply with the writ Court’s order, however, taking note of the statement made in paragraph no. 9 of the affidavit dated 10. 07. 2019 filed in Cont. Case (Civil) No.
685 of 2018, I am not inclined to proceed further in this contempt case. Paragraph no. 9 of the affidavit dated 10. 07. 2019 reads as under : “9. That it is humbly stated that now in compliance of order dated 04. 05. 2017 passed in W. P. (S) No. 3475 of 2012, W. P. (S) No. 3476 of 2012, W. P. (S) No. 3478 of 2012 and W. P. (S) No. 3481 of 2012 the Secretary, Drinking Water and Sanitation Department, Government of Jharkhand has passed an order vide memo no. 114 dated 09. 07. 19 by granting wages in minimum scale of pay to the petitioners. ” 5. In view of the aforesaid affidavit, Contempt Case (Civil) No. 243 of 2018 is closed with a direction to the Principal Secretary, Department of Dinking Waters and Sanitation to comply with the writ Court’s order and issue direction within six weeks for payment of minimum of pay-scale to the writ petitioners till they have worked. (Shree Chandrashekhar, J. ) Tanuj/-
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