The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 16.03.2021 passed in Writ PetitionNo. - 1910 of 2021 (Ram Lakhan And others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"1. Heard Sri Harsh Vardhan Shastri, learned counsel for the petitioners and Sri Vikram Bahadur Singh, learned counsel for respondent nos.3 and 4 and learned Standing Counsel for the State.
2. Petitioners who were serving teachers at different educational institutions, attained the age of superannuation on 30.07.2015, 21.05.2015, 31.07.2015, 30.06.2015 and 30.06.2015 respectively. They were wrongly deprived of continuance in service up to the end of the altered academic session falling on 31.03.2016. Hence, they have filed the present petition for payment of arrears of salary from the date of original superannuation i.e. from 1 July, 2015 to 31 March, 2016.
3. At the outset, it is stated that the controversy involved in the present petition is squarely covered by an earlier decision of a learned Judge of this Court in Writ A No.33360 of 2017 (Angad Yadav And 7 Others Vs. State of U.P. And 4 Others) decided on 19.08.2017. It is further stated that, against the aforesaid order, the Basic Shiksha Parishad and another filed Special Appeal No.505 of 2018 which came to be dismissed by order dated 11.12.2018. That order has attained finality.
4. In view of such similarity of facts, the present petition is also allowed in terms of the order dated 19.08.2017 passed in Writ A No.33360 of 2017 (Angad Yadav And 7 Others Vs. State of U.P. And 4 Others)."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 six weeks from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 saqlain