Heard learned counsel for the applicant.
Applicant alleges non-compliance of order of writ Court dated 10.01.2014 passed in Writ Petition No. 1113 (S/S) of 2004 (Dr. S.B. Dureja and others Vs. State of U.P. and others), whereby it was provided that applicant shall also be entitled to be dealt with in terms of order passed by the Supreme Court as quoted in the order. Submission of learned counsel for the applicant is that applicant's services were terminated on account of surrender of affiliation with Board of High School and Intermediate Education, U.P. Earlier ten teachers approached this Court by means of Writ Petition No. 2049 (M/S) of 2003 and directions were issued with respect to revival of the affiliation with Board of High School and Intermediate Education, U.P. and their terminations were quashed and authorities were directed to ensure payment of salary to the said teachers as if the orders dated 30.07.2003 were not in existence. It is also submitted that applicant subsequently approached this Court by means of Writ Petition No. 1113 (S/S) of 2004 and applicant's writ petition was finally disposed of with observation that applicant's termination is based on the same ground, therefore, she is also entitled to be dealt with in terms of order, passed by the Supreme Court.
Submission of learned counsel for the applicant is that copy of the order of writ Court dated 10.01.2014 was served in the office of opposite parties no. 2 personally on 21.01.2014 (Annexure No. 7) and copy of the same was also served on opposite party no. 1 by speed post on 06.03.2014 (Annexure No. 8). The grievance of the applicant is that in compliance of the order of writ Court applicant has not been reinstated in service. Therefore, the applicant is 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 10.01.2014 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 07.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 10.01.2014 passed in Writ Petition No. 1113 (S/S) of 2004 (Dr. S.B. Dureja and others Vs. State of U.P. and others).
It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.
Order Date :- 14.7.2014 Tanveer/-