Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 06.08.2019 passed in Writ-A No.46382 of 2016 (Jay Singh (Anuchar) And 5 Others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 06.08.2018 is quoted as under:-
"Thus, the writ petition is liable to be allowed in both the counts that the recourse to the provisions of 'Rules, 1975' was not applicable as the petitioners were appointed under the 'Rules, 2009' and their appointments were permanent as also on the ground that the order impugned in the writ petition violates the principles of natural justice.
The writ petition is thus allowed. The order dated 2nd September, 2016 is quashed with the specific direction to allow the petitioners to work on the post of Class-IV on which the petitioners were appointed. It is further directed that they shall be paid the salary as are admissible with the Class-IV employees. However, I am not inclined to award the back wages from the period 2nd September, 2016 till date in view of the fact that the petitioners are not worked on the said post.
The writ petition is allowed in terms of the said direction."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 nos.5 and 6 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 nos.5 and 6 and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite party nos.5 and 6 within one week thereafter and keep a recorded thereof.
The opposite party nos.5 and 6 shall comply with the directions of the writ court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 27.9.2019 A. Pandey