Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2609 of 2019 Applicant :- Hasan Abbas Opposite Party :- Amit Kumar,At Present,District Basic Education Officer And Another Counsel for Applicant :- Ratnesh Khare Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 25.5.2018 passed in Writ A No.12652 of 2018 filed by the applicant, the Court directed as under:
"The question whether a teacher appointed prior to 1.4.2005 as an un- trained teacher on compassionate basis would be covered by the GPF scheme under the 'General Provident Fund ( Uttar Pradesh) Rules, 1985 arises for consideration in this case.
This issue has already been examined in Bunch of writ petitions decided on 28.2.2018, in Writ Petition No. 7762 of 2017 ( Ravindra Nath Tagore Vs State of U.P. and others). Similar view has been taken in another bunch of cases decided on 18.5.2018, with leading Writ Petition N0.22142 of 2011 (Mahesh Prasad and others Vs. State of U.P. and others).
Learned standing counsel does not dispute the fact that the facts of the present case is identical.
For the reasons recorded therein, this petition is also disposed of on same terms, holding the petitioner to be entitled to benefits of Rules of 1985."
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 six 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 :- 30.4.2019 RKP