Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3722 of 2019 Applicant :- Ajay Kumar Singh And 2 Others Opposite Party :- Rajnish Dubey, Principal Secretary Counsel for Applicant :- Jitendra Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 07.08.2018 passed in Writ Petition No.23016 of 2007 (Ajay Kumar Singh & Ors. v. State of U.P. & Ors.). For ready reference the order dated 07.08.2018 is quoted as under:-
"The petitioners are functioning on various posts designated as (Psychiatric) Social Worker, Male Social Worker and Medical Social Worker. The claim of the petitioners is that they should be granted the pay scale of Rs.5500-9000/- with effect from 1.1.1996. They rest their case on parity with State Government employees working against similar posts.
The issue of parity in pay scales and fixation of pay scales against various posts is the prerogative of the State Government. It is an exercise, which requires an expert body to go into various relevant factors and analyze the financial implications to the State Government. This Court in the first instance cannot undertake this exercise.
In the light of the above observations, it is open to the petitioners to approach the respondent authorities by filing a representation ventilating their grievances. The respondent No.1 or the authority, which is competent to grant parity and fix the pay scales shall decide the representation by a reasoned and speaking order within a period of four months from the date of receipt of such representation. The representation shall be filed within two months from today.
With the aforesaid direction, the writ petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within two months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today.
The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 31.5.2019 SP/