Uttarakhand High CourtUnknown vs State Of Uttarakhand And Others As on 17 February, 2020Author:Sharad Kumar SharmaBench:Sharad Kumar SharmaCLCON No. 541 of 2019\nWith\nMiscellaneous Application with Compliance Affidavit No. 2274/2020\nHon'ble Sharad Kumar Sharma, J.Mr. Ganesh Kandpal, Advocate for the\npetitioner.Mr. Pradeep Hairiya, Standing Counsel for the\nState.The petitioner's writ petition being Writ\nPetition (S/S) No. 4325 of 2018, Veerpal Singh v. State\nof Uttarakhand and others was decided along with\nother connected Writ Petitions by the judgement dated\n20.12.2018, and the following directions were issued:-"6. Considering the aforesaid fact, these Writ Petitions\nare disposed of in the light of the judgments as rendered by this\nCourt on 5th September, 2018 in Writ Petition (S/S) No. 3008 of\n2018, Gajendra Singh Vs. State of Uttarakhand and others as\nwell as the judgment of the Division Bench of this Court as\nrendered in Special Appeal No. 451 of 2018 decided on 29th\nAugust, 2018. The said judgments will be construed to be the\npart of the today's order passed in the Writ Petitions."The compliance thereof was directed to be\nmade in adherence to the direction issued by the\njudgement dated 05.09.2018, as rendered in WPSS\nNo. 3008 of 2018, Gajendra Singh Vs. State of\nUttarakhand and others, as well as the judgement\nrendered in Special Appeal No. 451 of 2018, as\ndecided by the Division Bench of this Court on\n29.08.2018.The direction given by this Court in the\njudgement of Gagendra Singh's case (Supra) on\n05.09.2018 contains the following directions :-"11. Under these facts and circumstances, and looking to\nthe humanitarian aspect as petitioners have worked over decades\nthese Writ Petitions are being disposed of directing respondent\nno. 2 to treat this Writ Petition as to be a representation and to\ndecide the same within a period of two months from date of\nservice of the certified copy of the order by speaking and a\nreasoned order and after providing an opportunity of hearing to\nthe petitioners. Till the decision is taken on their claim raised by\nthe petitioners for grant of minimum of pay scale or such other\nservice benefits, which they claim, their services would not be\ndisturbed and they would be permitted to continue to remit their\nservices."The direction given therein was that respondent\nNo. 2 was directed to decide the representation within\ntwo months by a speaking and reasoned order, the\n respondent thereof had undertaken the process and had\ntaken a decision which has been placed on record by\nthe respondent by virtue of the compliance affidavit\nannexing therewith decision thus taken dated\n10.01.2020, contending thereof that in compliance\nthereto the direction issued on 20.12.2018, the\npayment as referred therein has already been directed\nto be disbursed to the petitioner.Learned counsel for the petitioner contends that\nthe same is not a complete compliance. But the fact\nremains and as apparent from the order dated\n10.01.2020, that the Court had issued the direction as\nissued on 20.12.2018 for determining the amount\npayable to the petitioner which has already been\ncomputed and the payment has been directed to be\nmade to the petitioner. In case, if the petitioner has got\nany grievance as against the payment directed to be\nmade regarding its insufficiency, he will have to have\nhis recourse available to him by filing a fresh writ\npetition; but, so far as the direction issued on\n20.12.2018, this Court is of the view that the direction\ncontained therein for deciding the representation has\nalready been taken.Hence, this contempt petition is closed in view\nof the compliance order dated 10.01.2020 with liberty\nopen to the petitioner that in case if he is dissatisfied\nwith the amount as determined by the compliance\norder dated 10.01.2020, he may seek his appropriate\nremedy by filing a fresh writ petition as against the\nsaid order.Accordingly, the contempt petition is closed.\nNotices as issued against the respondent(s) is hereby\ndischarged.(Sharad Kumar Sharma, J.)\n                                 17.02.2020\nMahinder/