Sikkim High Court
Cont. Cas(C)/2/2020 of Md. Nasiruddin Ansari Vs Abhay Kumar Singh and Another on 2 March 2021
COURT OF SIKKIM Record of proceedings through Video Conferencing Cont. Cas(C) No. 02 of 2020 MD. NASIRUDDIN ANSARI .... PETITIONER VERSUS ABHAY KUMAR SINGH & ANR. .... RESPONDENTS Date:02.03.2021 CORAM HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J. For Petitioner : Mr. N. B. Khatiwada,
Cont. Cas(C) No. 02 of 2020
MD. NASIRUDDIN ANSARI
.... PETITIONER
VERSUS
ABHAY KUMAR SINGH & ANR.
.... RESPONDENTS
Date:02.03.2021
CORAM
HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.
For Petitioner : Mr. N. B. Khatiwada, Senior Advocate with Ms. Gita Bista, Advocate.
For Respondents : Mr. Jorgay Namka, Advocate.
..........
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1. The petitioner has filed the present petition for initiating contempt proceeding against the respondents herein on the allegation that they had wilfully flouted the directions in W.P. (C) No. 52 of 2018 in the matter of Md. Nasiruddin Ansari vs. State of Sikkim & Ors. dated 04.12.2019 passed by this court.
2. The grievance of the petitioner is that inspite of the direction issued by this court the petitioner has not been appointed as an Attendant and that he has been appointed as Junior Attendant instead.
3. The petitioner has filed the appointment order dated 14.02.2020 which however, reflects that the petitioner was appointed as Attendant Gr-III (W1 Grade) in the pay scale of Rs.10500-3%-23000 (IDA) (W-1 Grade) (Pre-revised) with Basic pay of Rs.10500 per month w.e.f. 10.08.2015 with all benefits, financial and otherwise. The offer of appointment issued earlier bearing No.NH/RPS/HR/2015/607 dated 01.06.2015 was also accordingly modified.
4. The learned counsel for the petitioner however, relies upon the pay slips issued by the National Hydroelectric Power Corporation (NHPC Limited) for the months of February 2020, March 2020, May 2020 and June 2020 which reflects the designation of the petitioner as Junior Attendant. It is therefore, the petitioner’s contention that the direction of this court has been flouted by the respondent.
5. Although no notice has been issued upon the respondents, Mr. Jorgay Namka, learned counsel for the respondents appeared on 22.02.2021 on being informed about the matter by the learned counsel for the petitioner and appears today also. He submits that the entry of the designation in the pay slips of the petitioner for the months of March to June 2020 are clerical errors made inadvertently and the same would be clear from the pay scale mentioned therein. He further submits that the petitioner now has been promoted w.e.f. 01.01.2021 and he is now Attendant-Grade-II (W-2). A copy of the promotion order has been furnished by Mr.Jorgay Namka to this court which is taken on record and marked ‘X’ for identification. The learned counsel for the petitioner admits that it is fact so. A perusal of the pay slips for the months of July 2020, August 2020, September 2020 filed by the petitioner also reflect that the clerical error was rectified after June, 2020. In view of the aforesaid, Ms. Gita Bista, learned Record of proceedings through Video Conferencing counsel for the petitioner submits that nothing survives in this matter and seeks to withdraw the same.
6. The petitioner is permitted to do so. The Contempt Case (C) No 02 of 2020 stands disposed as withdrawn.
Judge
Index: yes/Noto/ Internet: yes/No