Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2804 of 2019 Applicant :- Babban Singh Opposite Party :- Dr. Vinod Kumar Sharma, District Inspector Of Schools Counsel for Applicant :- Ritesh Kumar Singh,Ajay Kumar Sharma
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The matter was taken up on 9.5.2019 and on the said date the Court had proceeded to pass following order:-
"Heard learned counsel for applicant.
By order dated 11.12.2018 passed in Writ A No.25498 of 2018 filed by the applicant, the Court directed as under:
"Petitioner was working as Principal 'Moti Lal Nehru Smarak Inter College, Ram Nagar, Baijabari, District Azamgarh'. It appears that the committee of management passed a resolution dated 8.10.1995 for terminating the services of petitioner. Approval was also granted to such resolution by the Commission on 27.5.1997. The order dated 27.5.1997 was assailed by the petitioner before this Court by filing Writ Petition No. 23525 of 1997. This writ petition has ultimately been allowed on 5.9.2017 by passing following orders:-
"In view of the above, with consent of the parties, the impugned order passed by the first respondent dated 27.5.1997 is quashed. The matter is remitted back to the first respondent to pass a fresh order after granting opportunity of hearing to the petitioner and the Committee of Management of the institution.
The petitioner is directed to file a certified copy of this order before the first respondent within three weeks from today. The Commission shall thereafter fix a date for hearing with liberty to the parties to produce such other evidence as they may desire and shall thereafter conclude the proceedings within a period of next four months.
The writ petition stands allowed to the extent indicated above."
Pursuant to this order, the Board has examined the matter and the resolution of the committee of management for terminating petitioner's services dated 8.10.1995 has been disapproved on 10.8.2018. Petitioner, therefore, submits that he is entitled to continuity of service alongwith back wages.
Learned Standing Counsel points out that the petitioner admittedly had not worked and, therefore, would not be entitled to any back wages.
From the facts and circumstances brought on record, this Court finds that the termination of petitioner has been disapproved by the competent authority in terms of Section 21 of the ' U.P. Secondary Education Service Selection Board Act, 1982'. In the absence of disapproval of termination, the petitioner would be entitled to continuity in service. The issue relating to payment of back wages etc. is yet to be examined by the Inspector and, therefore, this Court would not be required to make any observation, in this regard. It is, however, clarified that the petitioner would be entitled to continuity in service and as petitioner has retired from service, he is entitled to all retiral dues.
Considering the facts and circumstances, noticed above, this petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim for release of back wages as also retiral benefits to him, keeping in view the observations made above, by passing a reasoned order after affording an opportunity of hearing to the respondent no. 4, with in a period of four months from the date of presentation of certified copy of this order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 15.12.2018 but the opposite party has wilfully not complied with the order and, thus, has 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.
Learned counsel for the applicant will serve a copy of the application on Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel appearing on behalf of opposite party forthwith to enable him to seek instructions in the matter.
Put up this matter on 30.5.2019 as fresh."
On the matter being taken up today, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has placed the instruction/order dated 20.5.2019 sent by the District Inspector of Schools, Azamgarh wherein it has been stated that the applicant is entitled for payment of salary from the date of suspension to the date of his termination i.e. 10.8.1993 to 27.5.1997 and necessary approval has been accorded by the Director on 27.5.1997 for payment of arrears of salary for the aforesaid period after adjusting the suspension allowance already paid to the applicant. So far as payment of retiral benefits are concerned, the same is to be paid to the applicant by the opposite party. The instruction is taken on record.
Considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP