Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6280 of 2019 Applicant :- Beena Opposite Party :- Sri Divya Kant Shukla, Secretary, U.P. Secondary Education Services Selection Board Counsel for Applicant :- Surendra Singh,Dhananjay Singh Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the applicant is permitted to correct the description of opposite party during the course of the day.
Heard learned counsel for the applicant.
By order dated 18.1.2019 passed in Writ A No. 795 of 2019 filed by the applicant, the Court directed as under:
"Petitioner had applied for appointment to the post of L.T. Grade Teacher in Home Science, pursuant to an advertisement No. 1 of 2013 published on 28.12.2013 by the U.P. Secondary Education Service Selection Board, Allahabad. It is alleged that the petitioner, on the basis of her performance, has been placed at Sl. No.1 of the waiting list. It is stated that one of the selected candidate i.e. Smt. Reena Devi has not joined and, therefore, a vacancy exists against which petitioner's claim for appointment could be considered in 'Seth Harcharan Das Girls Inter College, Harhras'. Submission is that though grievance in that regard has been raised by the petitioner but no decision is being taken.
Sri Satyaveer Singh, learned counsel appearing for the respondent Board submits that the grievance of the petitioner would be examined by the authority concerned, in accordance with law.
In view of the facts and circumstances, noticed above, this writ petition stands disposed of by permitting the petitioner to approach respondent no. 2, alongwith certified copy of this order, annexing therewith all materials in support of her claim, within a period of two weeks from today. The Board shall call for an appropriate report, in that regard, and thereafter proceed to pass an appropriate order within a further period of three months. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party 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. However, 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 weeks 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 :- 26.9.2019 Jaswant