Heard learned counsel for the applicant and learned Standing for the opposite party.
This application under Section Section 12 of the Contempt of Courts has been filed on the allegation of non-compliance of the judgment and order dated 06.10.2010 passed by this Court.
The applicant approached this Court by filing writ petition no. 61065 of 2010 alleging that he is not being paid salary. The writ petition was disposed of vide order dated 06.10.2010 directing the District Inspector of Schools, Baghpat to examine the claim set up by the applicant in accordance with law, preferably within a period of three months from the date of production of certified copy of the order after affording opportunity of hearing to the Principal of the Institution wherein the petitioner has been appointed. The allegations are that the applicant was appointed on a sanctioned post of MALI in a institution known as Hazari Lal Memorial Uchchatar Madhyamik Vidyalaya Kaila, Meerut on 01.04.1975. The institution was taken on grant-in-aid list in the month of November, 1976 and since then he was paid salary from the State Exchequer. On 25.11.1983, he was promoted to the post of DAFTARI in the said institution which was duly approved by the District Inspector of Schools vide order dated 25.11.1983. Vide order dated 16.12.2004 passed by the District Inspector of Schools, Baghpat, the applicant was attached with another institution by the name of Netaji Subhash Smarak Inter College, Budhsaini, District Baghpat from where the applicant was relieved on 31.05.2006. When he went back to his original institution, the Principal did not permit him to join vide order dated 02.03.2007, the District Inspector of Schools directed the applicant to perform the duties during the Board Examination 2007 at Nanak Chand Saraswati Vidya Mandir High School, Aminagar Sarai, District Baghpat along with two other Class-IV employees of the institution. The applicant joined the said institution but was relieved and repatriated to his original institution i.e. Hazari Lal Memorial Inter College, Kaila, Baghpat vide order dated 07.11.2007. Again, the Principal of the Institution refused to accept his joining and did not allow him to perform his duties. The applicant further alleges that the District Inspector of Schools again deputed him to work at Yamuna Inter College, Baghpat at the evaluation Center and in compliance of the said order, he performed his duties from 15.04.2008 to 30.04.2008. Vide order dated 24.06.2008, the District Inspector of Schools directed the attachment of the applicant with Netaji Subhash Smarak Inter College, Budhsaini, Baghpat. The applicant joined the said institution on 26.06.2008 and was relieved on 08.02.2009. Again, the District Inspector of Schools, Baghpat deputed the applicant for the security of the papers of Board Examination 2009 at Nanak Chand Saraswati Vidyamandir, Baghpat. During this period, when he was not paid salary, he approached this Court by filing writ petition no. 61065 of 2010 which was disposed of by this Court vide order dated 06.10.2010 directing the District Inspector of Schools to consider and decide the claim of the applicant.
Alleging non compliance of the order, the applicant filed the present contempt petition. On being noticed, the opposite party has filed an affidavit of compliance stating therein that vide order dated 21.02.2012, the claim of the applicant has been considered in detail and after hearing the Principal of the various institutions, payment of salary for the period he was found to have performed his duties has been directed and for the rest of the period during which he remained unauthorizedly absent, payment has not been directed on the principle of ''No work No pay'.
It is contended by the learned counsel for the applicant that the finding recorded in the order passed by the opposite party that he deliberately absented himself is totally wrong and incorrect in as much as he was not allowed to join and perform his duties by the Principal illegally and thus, he is entitled for payment of salary for the said period also.
In so far as merit and demerit of the order passed by the opposite party is concerned, the same is not to be tested in contempt proceedings and it is always open to the applicant to avail such remedy as may be available to him in law challenging the order on merits. In so far as present proceedings is concerned, the writ petition was disposed of with direction to consider the claim of the applicant and decide the same by a reasoned and speaking order after hearing the Principal of the institution.
From a perusal of the order dated 21.02.2012, the Court finds that the opposite party has passed a reasoned order after hearing the Principal of the Institution and thus, the order passed by the writ court stands complied in letter and spirit. Though, there has been some delay in disposal of the representation of the applicant and the same has not been done within the time allowed by this Court or even within a reasonable time thereafter but since an unconditional apology has been tendered and the circumstances have been explained for delay which the Court finds sufficient, in the circumstances, appear to be reasonable and sufficient, the Court does not intend to continue with the proceedings any further.
Accordingly, the contempt notices are discharged.
Let the application be consigned to record.
Order Date :- July 17,2012. (Justice Krishna Murari) Dcs