Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6360 of 2019 Applicant :- Muneb Singh Opposite Party :- Sri Trinetra Kumar Singh, District Social Welfare Officer Counsel for Applicant :- Keshav Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 17.1.2019 passed in Writ A No. 22968 of 2018 filed by the applicant, the Court directed as under:
"Heard learned counsel for the parties.
According to the petitioner, he was appointed on the post of Assistant Teacher in Samaj Kalyan Vibhag since 1994. It is further contended by the learned counsel for the petitioner that although letters were written by the Committee of Management to the District Social Welfare Officer Kushinagar to release the salary of the petitioner but no salary has been released. Learned counsel for the petitioner relied upon a judgment delivered by this Court in Writ A No.9085 of 2017 (Shailesh Singh and 5 others Vs. State of U.P. and two others) decided on 28.02.2017, copy of the judgment is appended as Annexure 10 to the writ petition. in which the claims set up by the petitioners are identical. The order passed in Writ A No.9085 of 2017 dated 28.02.2017 is reproduced below:-
"The petitioners claim to be working as Assistant Teachers in different institutions run by the Social Welfare Department of the State of Uttar Pradesh. Their grievance is that since August 2002, they are not being paid salary, despite the fact that they are continuously working. The petitioners have preferred the instant writ petition seeking a direction to the third respondent to ensure payment of salary to them or in the alternative, decide the representation dated 9.1.2017.
Learned counsel for the petitioners submitted that since the petitioners are continuously working and therefore they are entitled for payment of salary. He has placed reliance on the attendance register to prove that the petitioners are regularly attending the schools and taking classes.
Learned standing counsel appearing on behalf of State-respondent submitted that the respondent no. 2 would be competent to examine the grievance of the petitioners.
Having regard to the facts of the case and the submissions made, the writ petition is disposed of with liberty to the petitioners to approach the second respondent with a certified copy of this order and a fresh representation and in which event, the same shall be decided by the second respondent by means of a speaking order, in accordance with law, expeditiously and preferably within a period of next three months."
It is contended by learned counsel for the petitioner that for the purpose of payment of salary, representations were made by the petitioner addressed to the respondent No.3 namely District Social Welfare Officer Kushinagar from time to time, one of such representation is appended as Annexure No.9 dated 19.07.2018 to the writ petition. Apart from the same, the Manager of the Institution has also made a representation for the purpose of payment of salary to the petitioner. Since no action has been taken on the aforesaid representations, the petitioner has preferred the present writ petition.
In the facts and circumstances of the case, the present writ petition is disposed of with a liberty to the petitioner to move a fresh representation, along with a certified copy of this order, within a period of three weeks from today before the respondent No.3, District Social Welfare Officer, Kushinagar. In the event, such a representation is made by the petitioner, the respondent No.3 is directed to decide the same by passing a reasoned and speaking order expeditiously, preferably, within a further period of three months thereafter."
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