Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4741 of 2019 Applicant :- Sandeep Kumar Tripathi And 2 Others Opposite Party :- Sri. Shyam Saroj Verma, District Inspector Of Schools And Another Counsel for Applicant :- Kushmondeya Shahi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
By order dated 30.3.2019 passed in Writ A No.2914 of 2019 (Sandeep Kumar Tripathi and 4 others vs. State of UP and others) connected with several other writ petitions leading Writ A No.24208 of 2018 the Court directed as under:
"47. In the facts and circumstances, noticed above, the writ petitions succeed and are allowed. The Government Order dated 10.10.2018 stands quashed. A direction in the nature of Mandamus is issued to the State Government to allow recruitment of teachers in colleges affiliated to Sanskrit University as per the provisions of the First Statutes of the Sanskrit University in terms of the Executive Council decision dated 27.3.2003, as approved by Chancellor on 28.12.2011 and clarified in the minutes of the meeting chaired by the Chief Secretary of the State of Uttar Pradesh dated 20.5.2013. Teachers appointed in the colleges affiliated to Sanskrit University, after obtaining permission from the concerned District Inspector of Schools and approval of the Vice Chancellor shall be entitled to payment of salary as per the grade of pay prescribed in the Government Order dated 19th March, 2010. The Vice Chancellor of the Sanskrit University shall provide subject experts to the colleges and facilitate holding of recruitment as per Clause 11.15 to 11.24 of the First Statutes of Sanskrit University and also consider and grant approval to appointments made as per it. Appointment of teachers in colleges affiliated to Sanskrit University which are approved by the Vice Chancellor of Sanskrit University shall be granted financial approval by the Inspector in terms of the Act of 1971. Requisite orders in terms of the above direction would be issued at the competent level within a period of six weeks from the date of presentation of certified copy of this order. Necessary action in terms of the aforesaid directions would not be deferred merely on account of on-going Parliamentary Elections in view of the law laid down by this Court in Pratima Bhardwaj Vs. State of U.P. & Others, reported in 2012 (5) ADJ 639."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party. The District Inspector of Schools, Hamirpur has already taken cognizance on the aforesaid order on 24.4.2019, which is reflected from the letter appended as Annexure No. 5 to the affidavit, but inspite of the notice 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 and finalize the proceedings within six 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 :- 30.7.2019 A.K.Srivastava