Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6269 of 2019 Applicant :- Kumari Lakshmi And 3 Others Opposite Party :- Bal Krishna Tripathi, Director, Social Welfare, U.P. Kalyan Bhawan Counsel for Applicant :- Kamta Prasad,Murali Manohar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 15.7.2019 passed in Writ A No. 10476 of 2019 filed by the applicant, the Court directed as under:
"Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State-respondents.
In this writ petition a grievance has been raised that the petitioners have been appointed on various posts in Chanrapal Arya Aadarsh Mahila Technical Institute, Bahjoi, District Sambhal after due approval by the Director, Social Welfare and were issued letter of appointment by the Institution and salaries were also paid to the petitioners from November, 2018 till February, 2019. Thereafter, the salaries of the petitioners have been stopped and no reason has been assigned.
The writ petition is disposed of with the direction to the respondent no.2 that in case the petitioners file a fresh representation with regard to the payment of salary and the petitioners' appointment were in accordance with law, the representation of the petitioners with regard to payment of salary etc. would be considered and decided in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order is presented before the authority concerned."
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 :- 26.9.2019 Jaswant