Contempt application filed against the District Inspector of Schools for non-compliance with the order dated 19.04.2023 directing payment of salary arrears. The Court deferred the proceedings to allow pursuit of a Special Leave Petition before the Supreme Court.
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Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 249 of 2024 Applicant :- Ravindra Pratap Singh And Others Opposite Party :- Shri Narendra Dev Pandey, DistrictInspector Of Schools, District-Bahraich Counsel for Applicant :- Ashok Kumar Verma
Hon'ble Rajeev Singh,J.
"Heard learned counsel for the petitioner. The issue raised in the present petition is similar to the one decided by this Court in Writ - A No.1674 of 2023 (Shyam Ji Tiwari and 2 Ors. v. State of U.P. & 4 Ors.) on 22.02.2023. Thus, following the said judgment and on the same analogy, the present petition also deserves to be decided in a similar manner. Thus, the writ petition is allowed.
The benefits as accorded to the petitioners of Writ - A No.1674 of 2023 shall flow in favour of the present petitioners also."
"Thus, the inescapable conclusion from the averments made in the writ petition and the stand taken by the State in the instructions, there is a deemed approval of the appointment of the petitioners made by the Selection Committee under Section 16FF of the Act and therefore, they are entitled to payment of their salary since the date of appointment.
The arrears of the salary shall be computed and paid to the petitioners within a period of four months and the petitioner shall continue to get their salary as and when the same falls due in terms of the mandate of the U.P. Intermediate Education Act.
The writ petition is allowed in terms of the said order. "
thereafter, the notice was served on the respondents on 19.01.2024. He further submits that the order of Writ Court was also challenged in Special Appeal Defective No.861/2023 but till today, the delay has not been condoned.
Order dated 10.07.2024
"1. Heard learned counsel for the applicant and learned Standing Counsel.
2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 19.04.2023 passed on Writ-A No. 2937 of 2023.
3. As per office report dated 23.02.2024 based on the report of the Chief Judicial Magistrate, Bahraich dated 21.02.2024, notice is already served on the respondent personally. However, till today, no affidavit of compliance has been filed by the respondent.
4. Shri Amrendra Singh, learned Additional Chief Standing Counsel informs that the order of the writ Court is already challenged in special appeal, however, he concedes the fact that no interim order has been passed in the said special appeal.
5. List this case on 29.07.2024 at 11.30 a.m.
6. By the next date of listing, respondent shall file affidavit of compliance, failing which, he shall appear before this Court."
Order dated 29.07.2024
"1. Heard.
2. Learned counsel for the applicants prays for and is permitted to implead Mr. Manoj Kumar Ahirwar, District Inspector of Schools, Bahraich as respondent no.2, forthwith.
3. Shri Amrendra Pratap Singh, learned Standing Counsel appearing for the respondents has filed applications on behalf of respondent no.1 for exemption from personal appearance and discharge of contempt notice, which are taken on record.
Both the said applications stands allowed. Respondent no.1 shall appear on the next date.
4. Shri Amrendra has also filed an application duly sworn by Mr. Manoj Kumar Ahirwar (respondent no.2) for grant of time and submits that special appeal against the order of the Writ Court is pending, hence, contempt proceeding may be deferred.
5. As merely on the basis of pendency of special appeal filed against the order of the Writ Court, there is no ground for deferring the contempt application. Accordingly, request made for grant of time is refused and the said application filed for seeking grant of time is also rejected.
6. List this case on 23.08.2024 at 11:30 A.M.
7. By the next date of listing, respondent no.2 shall file affidavit, failing which, he shall appear in person before this Court for framing of charge. "
preferred before the Hon'ble Apex Court.
Order Date :- 11.9.2024 V. Sinha
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the respondent wilfully and deliberately defied the order dated 19.04.2023 passed by the Writ Court?
1 provisions across 1 enactments
Ravindra Pratap Singh And Others
Rajeev Singh
V. Sinha
As recorded by the court registry
11 orders share this CNR
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