Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4670 of 2021 Applicant :- Smt Sudha Mishra And Another Opposite Party :- Sri Vinay Kumar Pandey, Deputy Director Education, Sanskrit, Education Directorate Counsel for Applicant :- Virendra Singh
Hon'ble Prakash Padia,J.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 26.08.2020 passed in Writ A No. 4586 of 2020 (Smt. Sudha Mishra and Another Vs. State of U.P. and 5 Others), which for ready reference is quoted as under:-
"Vakalatnama filed by Smt. Manisha Chaturvedi on behalf of respondents no. 5 and 6, is taken on record.
The sole claim of the petitioner is that despite grant of sanction, the salary of the petitioners were not given only on the ground of a letter dated 01.01.2016 written by the Principal Secretary Education, directing that one of the posts should be kept reserved.
Learned counsel for the petitioners has drawn the attention to the judgment dated 21.12.2016 passed in Service Single No. 29784 of 2016 wherein statement made by the Joint Secretary before the Court was recorded in the following terms:
"Today the Joint Secretary in the Department of Secondary Education Sri S.K. Sigh is present. He states that the Government order needs to be clarified to the extent that the policy of reservation would apply on occurrence of fresh new vacancies for future recruitment and not for approval of grant of salary for the teachers from the State exchequer. He also states that after the clarification the Directory of Education shall do the needful on the basis of seniority of teachers as disclosed in the managers return. His statement is recorded.
In view of the submission let the needful be done by the State Government within 15 days, thereafter the Directory of Education shall proceed to take appropriate decision in respect of the petitioners accordingly within the next 15 days."
Learned counsel for the petitioners states that in view of the statements made, the legal position stands clarified and now the decision should be taken in terms of the statement made before he Lucknow Bench. The petitioners clam that the representation is pending.
The present petition is disposed of with liberty to the petitioners to file fresh representation alongwith a copy of this order downloaded from the website, which shall be treated to be a certified copy of this order before the respondent no.2 within a period of three weeks from today. In the event such a representation file the same shall be decided, keeping in view the statement made by Joint Secretary in the department of Secondary Education and as recorded above within a period of three months from the date of production of certified copy of this order.
The petition is disposed of in terms of the said order. "
Learned counsel for the applicants submits that a 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 copy of this order.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with 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 :- 25.10.2021 Swati