Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4750 of 2021 Applicant :- Shayama Prasad Opposite Party :- Vinay Kumar Pandey, Director Of Secondary Education Earth Section Education Directorate Counsel for Applicant :- Dinesh Tiwari
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 19.07.2021 passed in Writ Petition No. 6980 of 2021 (Shayama Prasad Vs. District Inspector Of School Agra & others.). The aforesaid order is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner was appointed as Class IV employee in Kewalram Gurumukh Inter College, Agra. The services of the petitioner were terminated by the Principal of the Institution on 25.7.1985, against which the petitioner approached the Labour Court. The Labour Court passed an award in favour of the petitioner and directed for reinstatement of his services.
The respondent Institution challenged the award of Labour Court by filing Writ Petition No.25876 of 1998 in which initially, this Court stayed backwages. Ultimately, the writ petition was dismissed by order dated 28.11.2011. The State through DIOS preferred another writ petition being Writ Petition No.31373 of 2001 challenging the award dated 25.7.1998, which was also disposed of by this Court by judgment dated 14.5.2013 holding that the petitioner is entitled for the payment of salary from State exchequer.
Thereafter the petitioner joined his services and was paid salary. The salary of the petitioner was wrongly fixed. Therefore he filed a writ petition being Writ-A No.13723 of 2002 to fix his salary correctly. The said writ petition was disposed of by this Court by judgment dated 12.12.2014 permitting the petitioner to approach the respondent no.1 i.e. District Inspector of Schools, Agra along with his representation, who was to examine the claim of the petitioner with regard to fixation of salary in accordance with law.
Pursuant to the judgment of this Court dated 12.12.2014, the petitioner has submitted his representation and it appears that respondent no.1 found claim of petitioner to be correct and accordingly recalculated the salary of the petitioner. After recalculation, the petitioner was paid arrears, however, it was found that an amount of Rs.3,04,207/- is still to be paid to the petitioner. Thereafter, DIOS forwarded the paper of the petitioner which was countersigned by the Manager of the College and Principal of the College as well as Accounts Officer to respondent no. 3 - Director of Secondary Education, Arth Section Education Directorate, Allahabad for taking decision in respect of payment of arrears which is due to the petitioner. The Director of Secondary Education sought certain clarifications with respect to documents submitted by respondent no.1 with regard to payment to petitioner.
Respondent no.1 by letter dated 19.7.2018, copy whereof filed at Annexure No.7 to the writ petition has submitted clarification in the office of respondent no.3. Petitioner submits that more than three years have elapsed, but the respondent no. 3 has not given approval for release of the amount to the petitioner till date.
Learned Standing Counsel contends that the decision is to be taken by respondent no.3 therefore no useful purpose would be served in keeping the writ petition pending.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.3 - Director of Secondary Education Arth Section Education Directorate, Allahabad raising all his grievances along with a copy of this order within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.3, shall consider and decide the same by a reasoned and speaking order preferably within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above."
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 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 parties to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
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 :- 27.10.2021 saqlain