The applicants are before this Court for a direction to initiate contempt proceeding against the opposite parties for willful disobedience of the order dated 26.02.2021 passed in Special Appeal No.326 of 2020 (Kiran Lata Singh and others Vs.State of U.P. and Others). The relevant portion of the aforesaid paragraph is quoted below:-
"(3) The judgment of learned Single Judge is interfered in regard to the direction to the concerned District Basic Education Officer to effect the recovery of benefits obtained pursuant to the interim order of the Court. The liberty given by the learned Single Judge to the District Basic Education Officer for recovery is set aside.
(4) So far as the termination orders in reference to tampered mark-sheets are concerned, as urged by the learned counsel for the appellants, the University is directed to complete the exercise, as directed by the learned Single Judge, after observance of the provisions of law referred in the judgment and otherwise directed by this Court in the case of Tilak Singh (supra). The order in reference to those candidates would be made within a period of four months from the date of receipt of copy of this order. The order of termination/cancellation of appointments would be governed by the outcome of the order passed by the University, as agreed by the learned counsel for the appellants. If the University hold mark-sheets to be genuine instead of tampered of any of the appellants, the order of termination/cancellation of appointments, those would stand set aside. However, if the University records a finding about any of the candidates holding tampered mark-sheets, then the order of termination/cancellation of appointments would have effect but it would be from the date of the order passed by the University and accordingly for a period of four months from the date of receipt of copy of this judgment by the University, the order of termination/cancellation of appointments of the candidates holding tampered mark-sheets is kept in abeyance. Those candidates would be allowed to work with payment of salary."
When the matter is taken up today, pursuant to the order of this Court, an affidavit of compliance has been filed by Sri B.K. Yadav, learned counsel for the opposite party which is taken on record. It is stated in paragraph 7 of the aforesaid affidavit that by letters dated 11.08.2021 and 12.08.2021, the opposite party No.3 directed the opposite party No.2 to submit the detail with token number of treasury in respect of payment made to the applicants, copy of the letter dated 12.08.2021 is appended as Annexure No.4 to the compliance affidavit.
From perusal of the aforesaid letter, it is clear that the salary from the Month of February, 2021 to July, 2021 has already been paid to the applicant. It is also informed by Sri B.K. Yadav, learned counsel for opposite party that the opposite party will make regular payment in favour of the applicants till the decision has been taken by the authorities pursuant to the order passed in the aforesaid Special Appeal.
At this stage, it is informed by learned counsel for the applicants that increments in respect of some of the applicants were not paid.
Heard learned counsel for the parties.
Since the order of this court passed in the aforesaid Special Appeal has already been complied with, therefore, no further order is required.
Accordingly, the present contempt application is dismissed.
In case, increments in respect of any of the applicants has not been paid, he has a liberty to approach the authority concerned in this regard.
Order Date :- 25.8.2021/saqlain