Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6345 of 2019 Applicant :- Shiv Shankar Mishra And Another Opposite Party :- Sri. M.V.S. Remie Reddy, Principal Secretary, Holding Charge Of Registrar, Counsel for Applicant :- Raj Kishore Pandey Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 14.11.2018 passed in Writ A No. 23712 of 2018 filed by the applicant, the Court directed as under:
"Heard Sri Manish Mani Sharma, learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.
Petitioners were initially appointed as Sahakari Kurk Amin in District Varanasi and Mirzapur respectively.
Services of the petitioners have been regularized under the provisions of U.P. Collections of Funds and Amins and other Staff Rules, 2002 w.e.f. 24.11.2002 and 23.11.2002 respectively. Learned counsel for the petitioners asserts that though claim of petitioners has been considered under the Rules of 2002, but the past services rendered by them cannot be nullified, and benefits which have already been accrued to petitioners is also liable to be extended to them. Reliance is placed upon a judgment of this Court in Chandra Prakash Pandey and Others Vs. State of U.P. and Others, decided on 25th November, 2008, vide following orders:-
"In the result, the writ petition is allowed. The respondents are directed to consider the entitlement of the petitioners for appropriate pay scales with all other benefits with effect from 1.1.1986 and 1.1.1996 and onwards treating their appointment on the post of Kurk Amin in the pay scale of 354-550 and Sahyogi to Kurk Amin in the pay scale of 305-390 with effect from 30.6.1984 and 8.6.1999 respectively as is evident from Annexure-1 and 2 to the writ petition and to pass an appropriate order determining benefits in respect to appropriate pay scale, arrears of salary etc. to which the petitioners are entitled and, thereafter pay the same to the petitioners within a period of three months from the date of production of certified copy of this order before the competent authority. The order impugned in the writ petition shall not be construed to have any worth in considering the matter as directed above."
A special appeal filed against such judgment was dismissed with further directions issued. The State of U.P. preferred Civil Appeal No. 312 of 2017, which has been decided by the Apex Court on 10th January, 2017. The order passed in special appeal has been modified to the extent the Division Bench had granted relief beyond the relief granted by learned Single Judge. The directions issued by the learned Single Judge, however, have been sustained. It is asserted on behalf of the petitioners that such benefits are also liable to be extended to the petitioners.
Considering the nature of order proposed to be passed, no time is being allowed to the learned Standing Counsel to file counter affidavit and the writ petition is being disposed of, at this stage itself.
Considering the above, writ petition stands disposed off, with a direction upon respondent No. 1 to examine the grievance of the petitioners and to extend benefits as have been found due and payable to other persons similarly placed, in light of the observations made by this Court on 25th November, 2008, in Writ Petition No. 7326 (S/S) of 2004, as well as in light of the observations made by the Hon'ble Apex Court in Civil Appeal No. 312 of 2017. The required consideration shall be made within a period of three months from the date of presentation of certified copy of this order. The benefit to which petitioners are held entitled to in terms of the aforesaid order, shall be released, within a further period of two months thereafter."
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 three 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 :- 27.9.2019 Jaswant