IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Jurisdiction)

CONTEMPT (CIVIL) CASE NO._________/2009

IN THE MATTER OF :-

An Application under

Section 11 read with

Section 12 of the

Contempt of Courts

Act read with Article

215 to the

Constitution of

India;

A N D

IN THE MATTER OF :-

1. Dr. Wakil Kumar Singh son of Sri Narsingh

Singh Ayurvedic Medical Officer, District

 2

Joint Dispensary, Gumla, P.O. & P.S.- Gumla,

District- Gumla.

2. Dr. Umesh Chandra Bhaskar son of Basant

Prasad, Ayurvedic Medical Officer, State

Ayurvedic Dispensary, Jaldega-I, P.O. +

P.S.- Jaldega, District- Simdega.

3. Dr. Punam Kumari daughter of Umesh Chandra

Pathak, Ayurvedic Medical Officer, State

Ayurvedic Dispensary, Thetaitanger, P.O. +

P.S.- Thetaitanger, District- Simdega.

…Petitioners

-:Versus:-

1. State of Jharkhand.

2. Dr. Mumtaz Mohammad Ansari son of not known

to the petitioner, the Addl. Director-cum-

the Incharge, Director, Indigenous Medicine,

Govt. of Jharkhand, Ranchi.

 3

3. Sri Sukhdeo Singh, son of not known to the

petitioner, the Secretary, Indigenous

Medicine, Govt. of Jharkhand, Ranchi

…Opposite Parties.

To,

The Hon’ble Justice Gyan Sudha

Misra, the Chief Justice of

the Jharkhand High Court at

Ranchi and Her other Companion

Justices of the said Hon’ble

High Court.

The humble Petition on

behalf of the Petitioner

abovenamed ;

MOST RESPECTFULLY SHEWETH ;

1.That in the instant application, the Petitioner

prays for initiation of contempt proceeding

 4

against the Opposite Parties for deliberate and

intentional violation of the order/judgment

dated 31.1.2008 passed in W.P.(S) No. 4873/2003

by Hon’ble Mr. Justice R.K. Merathia.

2.That it is stated that the petitioner has

moved before this Hon’ble Court in WP (S) No.

4873/2003 for direction upon the respondents/

Opp. parties to pay forthwith the arrears of

salary from the respective date of joining i.e.

in the month of June 2000 to the date of

passing i.e. in the month of November, 2000

with admissible interest.

3.That it is stated that the petitioners have not

moved before this Hon’ble Court for the same

self relief(s) as claimed in this application.

4.That it is stated that the petitioners after

qualifying the test of BPSC appointed in the

 5

post of Ayurvedic Medical Officers in the pay

scales of Rs. 6500-10,500 vide notification

issued under Memo No. 628 dated 9.6.2000 with a

direction upon them to join in the Directorate

of Health within 15 days from the date of

issuance of notification.

5.That it is stated that the petitioners have

made their joining in their respective post in

the month of June 2000.

6.That it is stated that vide Notification under

Memo No. 981 dated 10.11.2000 the petitioners

along with other persons were directed to be

posted in different places.

7.That it is stated that accordingly, the

petitioners joined in the Govt. Ayurvedic

College in November, 2000 in respective place

of their postings.
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8.That it is stated that after joining, the

petitioner are getting their salary since their

respective dates of joining.

9.That it is stated that similarly situated

persons got salary for which allotment of funds

has also been made by the Secretary, Health of

Family Welfare, Govt. of Jharkhand but the

petitioners are deprived of the aforesaid

benefit.

10. That it is stated that thereafter, the

petitioners moved before Hon’ble Court in WPS

No. 4873/03 and by order dated 31.1.2008 the

Hon’ble Court directed to make representation

before the Director, Indegenous Medicines,

Govt. of Jharkhand, Ranchi within three months

from the date of receipt of representation, the

 7

petitioners will be entitled and pay the

admitted dues.

“Photocopy of order

dated 31.1.2008 is

annexed herewith and

marked as ANNEXURE-1,

which forms part of

this application.”

11. That it is stated that the petitioners have

made representation before the Director,

Indigenous Medicine, Govt. of Jharkhand, Ranchi

on 5.9.08.

“Photocopy of

representation dated

5.9.08 is annexed

herewith and marked as

 8

ANNEXURE-2, which forms

part of this

application.”

12. That it is stated that the representation

has also been made before the Secretary,

Indigenous Medicine, Govt. of Jharkhand, Ranchi

on 28.8.09 by till date no step has been taken

in the light of the said representation.

“Photocopy of

representation dated

28.8.09 is annexed

herewith and marked as

ANNEXURE-3, which forms

part of this

application.”

13. That it is stated that in spite of the

representations made by the petitioners, no

 9

order has been passed by the respondent and the

matter has been kept pending intentionally and

deliberately.

14. That it is stated that the respondents

authority have not passed any order in spite of

specific direction given by this Hon’ble Court

after lapse of three months which clearly shows

the deliberately and intentional violation of

the order passed by this Hon’ble Court by the

respondent.

15. That it is stated that the respondents

authority have no regards to the order passed

by the Hon’ble Court and deliberately violating

the order passed by this Hon’ble court.

16. That it is stated that the respondent

authority are harassing the petitioners.

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17. That it is stated that from the aforesaid

fact, it will appear that the Opposite Parties

have no regard to the Order passed by this

Hon’ble Court and have committed contempt of

this Hon’ble Court and therefore, they are

liable to be punished severely.

18. That this application is being bonafide and

in the interest of justice.

It is, therefore, prayed

that your Lordship may

graciously be pleased

issue notice to the

opposite parties and

after hearing the parties

be further pleased to

punish the Opposite

Parties for gross

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contempt of this Hon’ble

Court’s Order dated

31.1.2008 passed in W.P.

(S) No. 4873/2003.

AND/OR

Such other

order/direction as Your

Lordships may deem fit

and proper for doing

conscionable justice to

the Petitioners.

And for the act of Kindness, the Petitioners

shall every pray.

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A F F I D A V I T

I, Dr. Wakil Kumar Singh son of Sri Narsingh

Singh Ayurvedic Medical Officer, District
Joint Dispensary, Gumla, P.O. & P.S.- Gumla,
District- Gumla, do hereby solemnly affirm and
state as follows :-
1. That I am one of the Petitionersin this case
and as such well acquainted with the facts and
circumstances of this case.
2. That the contents of this application and
affidavit have been read by me which I have
fully understood.
3. That the statements made in paragraphs
……………………………. are true to my knowledge. Those
made in paragraphs …………….……… are based on
information derived from the records of the
case, verily believed by me to be true and
rest are by way of submissions before this
Hon’ble Court.
4. That the annexures are
photo/certified/typed/true copies of their
respective originals.
5. Verified, sworn and signed by me on ......day
of ..............., 2009 at Jharkhand High
Court, Ranchi.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Jurisdiction)

CONTEMPT (CIVIL) CASE NO._________/2009

Dr. Wakil Kumar Singh and Ors. …Petitioners.

-:Versus:-
The State of Jharkhand and Ors.…Opposite Parties

Sub :- Contempt of Court

I N D E X

Seri Annexures Particulars Page

al No.
No.
1 Application with
Affidavit.
2 Annexure-1 Photocopy of order dated
31.1.2008.
3 Annexure-2 Photocopy of the
representation dated
5.9.08
4 Annexure-3 Photocopy of
Representation dated
28.8.09.
5 Vakalatnama.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Jurisdiction)

CONTEMPT (CIVIL) CASE NO._________/2009

Dr. Wakil Kumar Singh and Ors. …Petitioners.

-:Versus:-
The State of Jharkhand and Ors. …Opposite Parties

Sub :- Contempt of Court.

S Y N O P S I S

Prayer:- That in the instant application, the

Petitioner prays for initiation of contempt
proceeding against the Opposite Parties for
deliberate and intentional violation of the
order/judgment dated 31.1.2008 passed in W.P.(S)
No. 4873/2003 by Hon’ble Mr. Justice R.K.
Merathia.

Para- 4 & 5 That the petitioners after

qualifying the test of BPSC
appointed in the post of Ayurvedic
Medical Officers in the pay scales
of Rs. 6500-10,500 vide notification
issued under Memo No. 628 dated
9.6.2000 with a direction upon them
to join in the Directorate of Health
within 15 days from the date of
issuance of notification and the
petitioners have made their joining
in their respective post in the
 15

month of June-2000.
Para- 10 That thereafter, the petitioners
Annex-1 moved before Hon’ble Court in WPS
No. 4873/03 and by order dated
31.1.2008 the Hon’ble Court directed
to make representation before the
Director, Indegenous Medicines,
Govt. of Jharkhand, Ranchi within
three months from the date of
receipt of representation, the
petitioners will be entitled and pay
the admitted dues.
Para- 11 That the petitioners have made
Annex-2 representation before the Director,
Indigenous Medicine, Govt. of
Jharkhand, Ranchi on 5.9.08.
Para-12 That the representation has also
Annex.-3 been made before the Secretary,
Indigenous Medicine, Govt. of
Jharkhand, Ranchi on 28.8.09 by till
date no step has been taken in the
light of the said representation for
redressal of their entire
grievances.

Hence this contempt application.