Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1648 of 2018 Applicant :- Radha Mohan Singh Opposite Party :- Manju Sharma Counsel for Applicant :- Kripa Shanker
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Kripa Shanker, learned counsel for the applicant.
By order dated 13.12.2017 passed in Writ-A No.50211 of 2017 (Radha Mohan Singh v. State of U.P. and 4 others) filed by the applicant, the writ Court directed as under :
"Learned Standing Counsel would submit that despite notice no instructions has been received.
Notice need not issue to the fifth respondent in view of the order proposed to be passed.
Petitioner was working on the post of Lecturer at Sidweshwar Nath Inter College, Kotwa Narainpur, Ballia, an intermediate institution in grant-in-aid of the State Government. Petitioner retired on attaining the age of superannuation on 30 June 2014. By the instant writ petition, petitioner seeks the following relief "i.) issue a writ order or direction in the nature of mandamus commanding the respondents to pay the entire due amount and arrear of salary which is pending since February 2011 upto February 2012 with interest since fallen due."
It is sought to be urged that the District Inspector of Schools vide communication dated 12 December 2014 addressed to the third respondent, Additional Director of Education (Secondary), Allahabad, has sought funds for payment of the arrears of salary, however, till date, the salary has not been received.
Learned Standing Counsel would submit that appropriate decision shall be taken by the third respondent.
In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by respective parties, it is provided that the third respondent, Additional Director of Education (Secondary), Allahabad, shall consider and redress the grievance of the petitioner after hearing the fifth respondent, in accordance with law, by a reasoned and speaking order, preferably, within six weeks from the date of filing of certified copy of this order.
With the aforementioned observations/direction, the writ petition is finally disposed of".
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party by registered post dated 26.12.2017, 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 writ Court within a further period of two months from the date of receipt of this order.
The applicant shall supply a duly stamped registered envelop addressed to the opposite party 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 envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
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 :- 30.3.2018 Ak/