Judgment:
Vishwanath Tiwari & ORS.versus Shri Shyam Narayan Sharma Conc.
No.1348 ”
25. 9.2012: Shri R.N.Viswakarma, learned counsel for the petitioneRs.Shri Kamlesh Dwivedi, learned counsel for respondent.
Interalia contending that two advance increments for having passed the B.T.I./B.Ed.
qualification has No. been granted to the petitioner, the writ petition was filed before this Court. On the very first date of hearing without notice to the respondents, taking note of certain directions issued in the case of Dwarkesh versus State of M.P. and another 2004(1) MPLJ 261 the writ petition was disposed of directing the respondents to consider the claim of petitioners for grant of two advance increments in the light of law laid down in the case of Dwarkesh (supra) and pass appropriate orders within a period of three months. No. from the return filed by respondents it is seen that vide Annexure R1 dated 2.7.2012 orders have been passed and in the case of petitioner No.1 Shri Vishwanath Tiwari directions have been issued to grant him two advance increments with effect from the date of passing of the B.T.I./ B.Ed.
Examination i.e. in the year 1978.
Similarly, in the case of Hiralal Pandey and Chintamani Pandey also similar directions have been issued to grant two advance increments with effect from the year 1978 when they have passed B.Ed./B.T.I. Examination.
In view of aforesaid order passed, as is evident from Annexure R1 dated 2.7.2012 now, no further action for 2 contempt has to be initiated against the respondent/District Education Officer, as he has already passed order Annexure R1. However, in pursuance to aforesaid order passed if actual monetary benefit accruing to petitioners have not been extended, the same be extended within further period of two months.
With the aforesaid finding no case for proceeding further in the matter, respondents are discharged from the proceedings and application disposed of.
The contempt application is disposed of.
Certified copy as per rules. (Rajendra Menon) Judge ss/-