Raghawanand Pathak Vs Dr. Vivek Yadav and Ors. — Contempt of Court | Delhi HC (2025)

Raghawanand Pathak Vs Dr. Vivek Yadav and Ors. — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Contempt petition disposed of subject to the undertaking: outstanding salaries from December 2023 until February 2025 and any HRA shortfall to be paid within one week; cheques for May 2024 to December 2024 already handed over to petitioner's counsel; liberty to the petitioner to seek revival of the contempt petition on failure to comply; costs of Rs. 15,000/- to be paid by the School to the petitioner.

Issue for consideration

Whether the respondents committed contempt of the order dated 24.04.2024 in W.P.(C) No. 5724/2024 by failing to pay the petitioner's salary after April 2024. +2 more

Court's answer

The undertaking of Dr. Vivek Yadav (Chairman, Nangloi Education Society) to pay the salaries for January and February 2025 within one week is accepted, and Nangloi Education Society and Dr. Vivek Yadav are bound down to the undertaking.

Ratio / Principle

Non-payment of salaries claimed prior to December 2023 cannot be treated as contempt of Court, since the order dated 24.04.2024 referred to payment from December 2023 onwards; the parties' rights and remedies on that prior claim are reserved.

Key takeaways

It is not necessary for TA and DA on TA to be paid to the petitioner, as he has not been attending the School, subject to further arguments in the pending writ petition.ratio¶18
Any shortfall in the payment of HRA is to be remitted within one week.ratio¶18
Since payment of the entire salary from December 2023 until February 2025 will be complete within one week, the contempt petition is disposed of subject to the undertaking recorded, with liberty to apply for revival on any failure to comply.

Detailed headnote1 paragraphs

Contempt petition alleging breach of the Delhi High Court order dated 24.04.2024 in W.P.(C) No. 5724/2024, which had directed Modern Child Public School / Nangloi Education Society to release a teacher's salary from December 2023 onwards. Salaries for May 2024 to December 2024 were handed over by cheque to the petitioner's counsel; the Chairman, Dr. Vivek Yadav, undertook to pay salaries for January and February 2025, and any HRA shortfall, within one week, and the Society and the Chairman were bound down to the undertaking. The Court held that non-payment of salaries claimed prior to December 2023 could not be treated as contempt, rights and remedies being reserved. TA and DA on TA were held unnecessary to pay as the petitioner was not attending the School, subject to further arguments in the pending writ petition. Petition disposed of subject to the undertaking, with liberty to seek revival on breach, and costs of Rs. 15,000/- awarded to the petitioner.

$~2

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 1398/2024 & CM APPL. 2924/2025 RAGHAWANAND PATHAK .....Petitioner Through: Mr. Shashank Deo Sudhi, Mr. Sanjeev Tanwar, Mr. Aru Prakash, Ms. Sheetal, Advocates.

versus

DR. VIVEK YADAV AND ORS .....Respondents Through: Mr. Apoorv Kurup, Sr. Advocate with Mr. Udesh Puri, Mr. Shubham Choudhary and Mr. Gurjas Narula, Advocates for R-1 to 3.

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R

% 20.02.2025

The petitioner alleges violation of the order dated 24.04.2024, passed in W.P.(C) No. 5724/2024.

The petitioner was appointed as a teacher in the Modern Child Public School [“School”], of Nangloi Education Society (Regd.) [“Society”] in the year 1997. By way of the writ petition, which remains pending, the petitioner challenges notices issued by the Society, placing him on compulsory dies-non leave for want of production of original certificates for verification. By the aforesaid order dated 24.04.2024, the School was directed to release the petitioner’s salaries from the month of December 2023 onwards, till date i.e., 24.04.2024, within three weeks.

In the present contempt petition, it is alleged that although the salaries from December 2023 to April 2024 were paid, it was not paid thereafter.

CONT.CAS(C) 1398/2024

Page 1 of 3

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:40:17

Mr. Apoorv Kurup, learned Senior Counsel for the School, states that although there has been some delay, the cheques for the salaries from May 2024 until December 2024 are available. He has handed them over to Mr. Shashank Deo Sudhi, learned counsel for the petitioner.

As far as further salaries for the months of January and February, 2025 are concerned, Mr. Kurup, upon instructions from Dr. Vivek Yadav, Chairman, Nangloi Education Society, states that the amounts will be paid within a period of one week from today. The undertaking is accepted. Nangloi Education Society and Dr. Vivek Yadav are bound down to this undertaking.

Mr. Sudhi submits that even prior to December 2023, three months’ salaries remain unpaid. The order dated 24.04.2024, however, clearly refers to payment of salary from December 2023 onwards. The non-payment of any prior claim, therefore, cannot be properly treated as a contempt of Court. The rights and remedies of the parties, in this regard, are reserved.

Mr. Sudhi submits that the amounts paid from December 2023 to April 2024, were short of certain allowances, including House Rent Allowance [“HRA”], Travelling Allowance [“TA”], and Dearness Allowance [“DA”] on TA.

As far as TA, and DA on TA, are concerned, the petitioner has not been attending the School. Subject to the further arguments in the writ petition, I do not think it necessary for these allowances to be paid to the petitioner. However, if there is any shortfall in the payment of HRA, Mr. Kurup submits that the same will also be remitted within a period of one week from today.

CONT.CAS(C) 1398/2024

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:40:17

As payment of the entire salary from December 2023 until February 2025 will, thus, be complete within a period of one week from today, accordingly, the contempt petition is disposed of, subject to the undertaking recorded above.

If there is any failure to comply with the undertaking, the petitioner may make an application for revival of the contempt petition.

As the School was unable to comply with the order of the Court within time, it will additionally bear costs of ₹15,000/-, to be paid to the petitioner.

PRATEEK JALAN, J

FEBRUARY 20, 2025 SS/SD/

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CONT.CAS(C) 1398/2024

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:40:17