Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4955 of 2018 Applicant :- C/M Shiva Jr. High School Opposite Party :- Sanjay Kumar Shukla Counsel for Applicant :- Ved Prakash Mishra
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 19.3.2018 passed by this Court in Writ-A No.37717 of 2017 ( C/M Shiva Jr. High School, Bindawan, District Etah vs. State of U.P. and others), wherein this Court has observed as under:-
"Learned counsel for the parties submit that the controversy involved in the present writ petition is squarely covered by the order dated 31.1.2017 passed in Writ A No.58220 of 2016 (C/M of Nehru Kissan Vidyalaya Jr. High School vs. State of U. P. and 2 others).
Consequently, the present writ petition is also disposed of in terms of the order dated 31.1.2017 rendered in Writ A No.58220 of 2016 (C/M of Nehru Kissan Vidyalaya Jr. High School vs. State of U. P. and 2 others). "
The contempt application is filed for will full violation of the judgment passed in C/M of Nehru Kissan Vidyalaya Jr. High School vs. State of U.P. and others, in Writ Petition No.58220 of 2016 which was allowed vide judgment dated 31.1.2017, which has been annexed as Annexure 5 to this contempt application (on the basis of which the petition of the present applicant) was allowed and the matter was remitted back to the third respondent for reconsideration of the request of the management for granting approval to fill the vacant post. It was further provided that the aforesaid exercise shall be conducted by the third respondent within three weeks from the date of production of a certified copy of this order. The petition of the present applicant was disposed of in same terms It is stated that in spite of service upon the opposite party, no order has yet been passed.
Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 19.3.2018 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party no. 1 is granted six weeks further time to comply with the judgment and order dated 19.3.2018 passed by this Court in Writ-A No.37717 of 2017 from the date of receipt of certified copy of this order.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 25.9.2018 AKJ