Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5518 of 2019 Applicant :- Jaya Bhagwan Yadav And 23 Others Opposite Party :- Shri. Rajendra Kumar Tiwari, Additional Chief Secretary, Higher Education, U.P.
Counsel for Applicant :- Gautam Baghel,Ambuj Mishra
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 21.2.2019 passed in Writ-A No.1824 of 2019 (Dr. Jaya Bhagwan Yadav and 23 Others v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 21.2.2019 is quoted as under:-
"So far as the applicability of Govt. Orders dated 19.7.2010, 14.7.2017 and 18.7.2015 are concerned, a specific decision would have to be taken by the respondents keeping in view the judgment of this Court in Writ Petition No.61152 of 2015, decided on 14.11.2017. As this exercise is yet to be undertaken, it would be appropriate to dispose of this writ petition with a direction upon the respondent no.1 to accord consideration to petitioner's claim, with regard to revision of their pension, in accordance with the aforesaid govt. orders, within a period of three months from the date of presentation of certified copy of this order."
It is averred in the affidavit filed alongwith contempt application 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 parties to comply with the aforesaid order of the Court within two months 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 parties 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 envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party 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 :- 27.8.2019 A. Pandey