Heard learned counsel for the applicants.
Submission of learned counsel for the applicants is that applicants in pursuance to the advertisement dated 09.06.2011 applied and appeared before the Selection Committee and subsequently, on the basis of recommendation of Selection Committee, they were selected and appointed on the post of Principals and Teachers (Sanskrit Schools), Faizabad Division, Faizabad. The said selection was cancelled by the Director, Secondary, U.P., Lucknow on 18.09.2012 in pursuance of the enquiry on the basis of some complaint.
The applicants, feeling aggrieved against the said order, approached this Court by means of Writ Petition No. 6421 (S/S) of 2012 (Sudha Singh and 25 others Vs. State of U.P. and others). On dismissal of said writ petition, applicants filed Special Appeal Defective No. 876 of 2013 (Smt. (Dr.) Neelam Tiwari and others Vs. State of U.P. and others). The said Special Appeal was disposed of vide order dated 15.01.2014 and while setting aside the judgment and order passed by the learned Single Judge, remanded the matter for fresh consideration in the light of judgment of Hon. Apex Court. It was also provided that till the writ petition is decided finally, the appellants/applicants shall continue in job provisionally and shall be paid salary. Submission of learned counsel for the applicant is that Writ Petition No. 6422 (S/S) of 2012 is still pending before the learned Single Judge and, therefore, in compliance of order dated 15.01.2014 of Division Bench, the applicants were required to continue on their post and they should be paid salary. It is also submitted that in compliance of the order of Division Bench dated 15.01.2014, nor applicants have been allowed to join in their respective institutions neither salary has been paid to them, despite service of order and repeated reminders upon opposite parties. Therefore, applicants are constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 15.01.2014 of Division Bench.
On due consideration, prima facie, a case of willful disobedience of the order of this Court is made out.
Let notice be issued to opposite parties no. 1 to 7, returnable at an early date, to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of Division Bench dated 15.01.2014 passed in Special Appeal Defective No. 876 of 2013 (Smt. (Dr.) Neelam Tiwari and others Vs. State of U.P. and others).
Order Date :- 10.7.2014 Tanveer/-