Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6258 of 2019 Applicant :- Smt. Sharda Devi Opposite Party :- Ashutosh Bhardwaj, Deputy Director Of Education ( Secondary), 1st Region Counsel for Applicant :- Indra Raj Singh,Adarsh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 17.5.2019 passed in Writ A No. 7095 of 2019 filed by the applicant, the Court directed as under:
"The petitioner, who has retired on 31.3.2017 from the post of Assistant Teacher, L.T. grade at Veer Smarak Inter College, Baraut, Baghpur has filed the instant petition challenging the order dated 16.12.2016 and also for a mandamus to sanction pension to the petitioner, since the date of his initial appointment on 25.3.1993.
The services of the petitioner as Assistant Teacher L.T. grade was regularised by order dated 22.9.2016 passed by Joint Director of Education, Pratham Mandal, Meerut. The regularisaton order states it would be effective from 22.3.2016. The petitioner has been denied selection grade on account of the fact that he had not completed requisite years of service since 22.3.2016. The petitioner apprehends that even pension would be denied to him on the same ground.
It is not disputed by learned counsel for the petitioner that the matter relating to grant of pension is still engaging the attention of the educational authorities and no final decision has been taken in the matter so far. Even, no order has been passed by the respondents in respect of the claim of the petitioner for grant of selection grade.
Learned counsel for the petitioner has placed reliance on a judgment of this Court dated 24.7.2018 passed in Writ A No. 14970 of 2018 - Narsingh Rai Versus Deputy Director of Education, Varanasi and 3 others, wherein, this Court has taken a view that regular service rendered prior to regularisation would also be counted for computation of pensionary benefits. He has also placed reliance on another judgment of this Court dated 7.5.2019 passed in Writ A No. 7189 of 2019, wherein also the same view has been taken.
Learned standing counsel very fairly states that the grievance of the petitioner would be examined by respondent No. 1 within such time, as may be directed by this Court.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the first respondent with a certified copy of this order and an exhaustive representation and in which event, the same shall be decided by the first respondent, by means of a speaking order, expeditiously, preferably, within a period of next eight weeks. The payment of selection grade as well as the pension to the petitioner would abide by the decision that would be taken by respondent No. 1 on the representation of the petitioner."
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 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 :- 26.9.2019 Jaswant