Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6353 of 2019 Applicant :- Smt. Gayatri Devi Opposite Party :- Smt. Mala Srivastava,D.M. And Another Counsel for Applicant :- Shyam Lal Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 13.12.2018 passed in Writ A No. 26408 of 2018 filed by the applicant, the Court directed as under:
"Learned counsel for the petitioner states that though order is mere communication but has virtually amounted to rejection of the application and, therefore, he may be permitted to add prayer for quashing of the same. Petitioner is permitted to add prayer forthwith in the writ petition.
Since petitioner is also permitted to implead the District Magistrate, the Chairman of the Committee under the circular dated 19th July, 2018 as respondent no. 5, notice is directed to be accepted by the learned Standing Counsel forthwith.
Heard learned counsel for the parties.
By means of this writ petition, the petitioner has questioned the correctness of the order dated 26.10.2018 whereby his adjustment by way of transfer as Siksha Mitra to the desired place where her husband is working, has been rejected on the ground that transfer of that place as sought by the petitioner would amount to changing her cadre from rural place to urban place.
Learned counsel for the petitioner has argued that on 19th July, 2018 Government Order was passed whereby adjustment has been provided for carving out an exception in respect of married women Sikshamitra to get the posting of their choice at places where their respective husbands are working or their respective in-laws are staying. The Director of Education, Basic U.P. Lucknow, accordingly circulate the letter dated 23rd July, 2018 to all the District Basic Education Officers in the State.
However, further circular was issued that such transfer and adjustment even in respect of the lady teachers will be considered in the law that no institution remains without Sikshamitra as per circular letter dated 3rd August, 2018, the petitioner has moved application dated 6.9.2018 within time prescribed for but her application has been rejected on the ground that if the desired place prayed for by the petitioner is accepted and she is given posting that would amount changing cadre itself because in the system of administration and otherwise there is differrence between rural and urban cadre in respect of the institution being run under aegis of UP Education Board.
Per contra, learned counsel for the District Basic Education Officer Sri Awadhesh Kumar, has sought to justify the order passed by the District Basic Education Officer, Basti till 26.6.2018 for the reasons assigned therein. Further argument is that appointment of Siksha Mitra in city area is done by the Ward Selection Committee and rural area by Gram Siksha Samiti and, therefore, cadre cannot be changed.
Having heard the learned counsel for the parties, and having perused the pleadings exchanged, I find that in the Government Order dated 19th July, 2018, there is no such reference of the cadre-wise transfer of Sikshamitra, nor, the circular letters issued by the Director of Eduction, U.P. in any manner provided for any such thing and obviously so because, in the opinion of the Court, Siksha Mitra had been appointed under the Scheme of vocational education floated by the State of U.P. Sikshamitra so appointed, by themselves form one cadre because under the Basic Education Act, there is no provision providing for Sikshamitra and it is only by way of amendment in the Act that they were sought to be absorbed.
The full bench of this Court in the case of Anand Kumar set aside the aforesaid absorption rule. The judgment of this Court was upheld by the Apex Court and only respite given to the Sikshamitra is that they may be permitted to obtain necessary qualification to apply for appointment of selection. Even continuance of the Sikshamitra was not permitted by the court and was left open for the State to decision and the State of U.P. to continue Sikshamitras only for the period of 2 years to obtain chance for regular selection in terms of the judgment of the Apex Court. However, the entire scheme of Sikshamitra has come to be annulled by the State of U.P. These Shikshamitra even if for certain special reasons are accommodated, I do not see any violation of rules. Even otherwise the government order governs the Shikshamitra postings and if by subsequent government order no specif cadre is created, it should be taken as exception to the general rule.
In view above, I find that the findings returned by the District Basic Education officer, cannot be sustained.
Since in the opinion of the Court the order virtually amounted to rejecting the application, the order therefore is quashed. The matter is remitted to the District Basic Education officer for revisiting the issue and consider the application of the petitioner in the light of the Government order dated 19th July, 2018 which does not provide for any two separate cadre for transfer of Sikshamitra from rural to urban or from urban to rural. Women Shikshamitra should be taken as exception to the general rule and the application for transfer or adjustment should be considered accordingly. Necessary orders shall be passed by respondent no. 5, District Magistrate within period of 2 months from the date of production of certified copy of this order.
With the aforesaid observations and directions the writ petition is allowed."
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 three 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 :- 27.9.2019 Jaswant