Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4526 of 2019 Applicant :- Smt. Vinorma Prasad Opposite Party :- Sri. Madan Pal Singh, District Inspector Of School Counsel for Applicant :- Sunil Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,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 26.11.2018 passed in Writ Petition No.23072 of 2018 (Smt. Vinorma Prasad v. State of U.P. & Ors.), the relevant portion of which for ready reference is quoted as under:-
" 3. From the materials brought on record, this Court finds that the issue that petitioner's appointment was approved in the year 2006 and she continued to work till she attained the age of superannuation on 31st March, 2018 are facts, which are not in dispute. The judgment of this Court in Writ Petition No.1159 of 2016 holding that the approval would relate back to the period of expiry of one month from the date of appointment has attained finality. It is otherwise not in issue that petitioner had actually worked since 1st July, 2003 and has been paid salary also. In such circumstances, the issue of validity of petitioner's appointment ought not to be made the basis for denial of retiral benefits to her. Consequently, order dated 13.8.2018 cannot be sustained and is, accordingly, quashed.
4. A direction is issued to the respondents to forthwith consider petitioner's claim for grant of retiral benefits, in accordance with law, within a period of three months from the date of presentation of certified copy of this order.
5. With the aforesaid observations/directions, this writ petition stands disposed of. No order as to costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully 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 certified 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 one week 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.
Order Date :- 25.7.2019 SP/