Disposed

Dr Amita Mali v. State of Raj and Ors.

Rajasthan HC13 Jul 2018CCP/1837/2017

Case brief

AI extract

What is this about?

This order addresses a contempt petition alleging respondents' failure to pay salaries to contract lecturers under UGC Regulations 2010 as per a 2016 order. The court notes a recent Supreme Court order granting until 09.11.2018 for compliance. Relying on the Solicitor General's assurance, the court condones the delay and directs immediate payment of current salary.

What did the court decide?

Direct payment of current salary within 7 days of this order and compliance with the 04.10.2016 order regarding UGC Regulation 13.1 benefits by 09.11.2018.

Dr Amita Mali Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Contempt Petition No.1648/2017

¶3

Smt. Bhavana Sharma D/o Shri B.k. Sharma, aged about 42 R/o 828, Shastri Nagar, Dadabari Kota.

¶4

Aparna Sharma D/o Shri Hariom Sharma, aged about 39 R/o 21, Near Ramdham Asharm, Godavari Dham, Dadabari, Kota.

¶5

----Petitioners

¶6

Versus

¶7

Shri Rajhansh Upadhyaya Principal Secretary, Higher Education Government Of Rajasthan , Government Secretariat, Jaipur.

¶8

Shri Ashutosh A.t. Director Commissioner, College Education , Government Of Rajasthan Shiksha Sankul, JLN Marg, Jaipur.

¶9

Shri Devendra Bhushan Gupta , Additional Chief Secretary, Department Of Finance, Government Secretariat, Jaipur.

¶10

State Of Rajasthan Through The Prinicpal Secretary, Higher Education Department. , Government Of Rajasthan, Government Secretariat, Jaipur.

¶11

----Respondents

¶12

Connected With

¶13

S.B. Civil Contempt Petition No. 1312/2017

¶14

Dr. Shrinivas Mahavar S/o Sh. Shishu Pal Singh , aged about 42 R/o 1252, Adarsh Nagar, Hiran Magri, Sector 4, Udaipur. Working As Lecturer In S.b.p. Govt. College, Dungarpur.

¶15

Vineet Baleshwar S/o Sh. Ramesh Chand , aged about 32 R/o Ravindra Nath Tagore Colony, Dungarpur. Working As Lecturer In S.b.p. Govt. College, Dungarpur.

¶16

Dharmendra Kumar Verma S/o Sh. Ramgopal Verma , aged about 33 R/o Village And Post Gordhanpura, Tehsil Rajgarh, Distt. Alwar. Working As Lecturer In S.b.p. Govt. College, Dungarpur.

----Petitioners

Versus

(2 of 17)

[CCP-1648/2017]

Rajhans Upadhyaya, I.a.s., Additional Chief Secretary, Department Of Higher Education, Govt. Of Raj , Secretariat, Jaipur.

¶22

Ashutosh A.t. Pednekar, I.a.s., Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul , J.l.n. Marg, Jaipur.

¶23

D.b. Gupta, I.a.s., Additional Chief Secretary, Department Of Finance, Govt. Of Rajasthan , Secretariat, Jaipur.

¶24

State Of Rajasthan Through The Principal Secretary, Department Of Higher Education, Government Of R , Secretariat, Jaipur.

¶25

----Respondents

¶26

S.B. Civil Contempt Petition No. 1322/2017

¶27

Dr. Seema Shakuni W/o Shri Dhananjaya , aged about 38 R/o C-119, Shastri Nagar Colony, Dungarpur, Raj.

¶28

----Petitioner

¶29

Versus

¶30

State Of Rajasthan, Through Principal Secretary , Department Of Higher Education, Secretariate, Jaipur

¶31

Rajhans Upadhyay, Principal Secretary , Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur

¶32

Ashutosh A.t. Pednekar, Commissioner , College Education, Dr. Radha Krishan Shiksha Sankul, J.l.n Marg, Jaipur

¶33

Prem Singh Mehra, Principal Secretary , Department Of Finance, Govt. Of Raj., Secretariat, Jaipur

¶34

----Respondents

¶35

S.B. Civil Contempt Petition No. 1348/2017

¶36

Parmeshwar Garg S/o Shri Anandi Lal Garg , aged about 32 R/o Village And Post Chhinch, Distt. Banswara

¶37

Richa Bhardwaj D/o Shri Brijmohan Sharma , aged about 41 R/o 67, Road J, Bhpalpur, Udaipur

¶38

Ghata Vyas D/o Deepen Vyas , aged about 35 R/o 135, Patrakar Colony, Dungarpur

¶39

Praveena Rawat D/o Shri Devilal Rawat , aged about 33 R/o K-74, Sajjan Nagar, Udaipur

¶40

Preeti Saxena D/o Shri Chandra Prakash Nag , aged about

¶41

(3 of 17)

¶42

[CCP-1648/2017]

¶43

51 R/o 2B/69, Jai Narayan Vyas Colony, Distt. Bikaner

¶44

Kishana Ram Gurjar S/o Pema Ram Gurjar , aged about 44 R/o Viillage And Post Balunda, Teh. Jaitaran, Distt. Pali Raj.

¶45

----Petitioners

¶46

Versus

¶47

State Of Rajasthan, Through Principal Secretary , Department Of Higher Education, Secretariat, Jaipur

¶48

Rajhans Upadhyay, Principal Secretary , Department Of Higher Education, Government Of Rajasthan, Secretariat, Jaipur

¶49

Ashutosh A.t. Pednekar, Commissioner , College Education, Dr. Radha Krishan Shiksha Sankul, J.l.n Marg, Jaipur

¶50

Prem Singh Mehra, Principal Secretary , Department Of Finance, Govt. Of Raj., Secretariat, Jaipur

¶51

----Respondents

¶52

S.B. Civil Contempt Petition No. 1649/2017

¶53

Dr. Mamta Choudhary W/o Shri Anurag Choudhary , aged about 36 R/o Flat No. 102, Namak Apartment, Arya Samaj Road, Kota Junction, Kota Raj.

¶54

Shri Sitaram Bairwa, S/o Shri Daya Chand , aged about 30 R/o C/o Government P.g. College, Baran Raj.

¶55

----Petitioners

¶56

Versus

¶57

Shri Rajhansh Upadhyaya Principal Secretary , Higher Education Government Of Rajasthan, Government Secretariat, Jaipur

¶58

Shri Ashutosh A.t. Director Commissioner , College Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg, Jaipur

¶59

Shri Devendra Bhushan Gupta, Additional Chief Secretary , Department Of Finance, Govt. Secretariat, Jaipur

¶60

State Of Rajasthan Through The Principal Secretary , Higher Education Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur

----Respondents

(4 of 17)

[CCP-1648/2017]

S.B. Civil Contempt Petition No. 1650/2017

¶65

Shri Sunil Kumar S/o Shri Tara Chand , aged about 34 R/o Bheru Ghat, Balawato Ka Bas, Pali

¶66

----Petitioner

¶67

Versus

¶68

Shri Rajhansh Upadhyaya Principal Secretary , Higher Education Government Of Rajasthan, Government Secretariat, Jaipur

¶69

Shri Ashutosh A.t. Director Commissioner , College Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg, Jaipur

¶70

Shri Devendra Bhushan Gupta, Additional Chief Secretary , Department Of Finance, Govt. Secretariat, Jaipur

¶71

State Of Rajasthan Through The Principal Secretary , Higher Education Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur

¶72

----Respondents

¶73

S.B. Civil Contempt Petition No. 1651/2017

¶74

Himani Bhatia D/o Shri Laxmi Narayan Bhatia , aged about 34 R/o House No. 1-J-31, Talwandi, Kota

¶75

Shri Kedar Prasad Meena S/o Shri Heera Lal Meena , aged about 42 R/o Village Kanloda Post Kalyanpura, Teh. Lalsot, Distt. Dausa

¶76

Dr. Leenta Arora, W/o Dr. Arun Kumar Sharma , aged about 46 R/o House No. A-2, Durga Nagar, Pooam Colony, Kota

¶77

Shri Ravindra Kumar Badal, S/o Shri Mohan Lal , aged about 41 R/o House No. Chha-13, Ambedkar Colony, Kunadi Kota

¶78

----Petitioners

¶79

Versus

¶80

Shri Rajhansh Upadhyaya Principal Secretary , Higher Education Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur

¶81

Shri Ashutosh A.t. Director Commissioner , College Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg, Jaipur

¶82

(5 of 17)

¶83

[CCP-1648/2017]

¶84

Shri Devendra Bhushan Gupta, Additional Chief Secretary , Department Of Finance, Govt. Secretariat, Jaipur

¶85

State Of Rajasthan Through The Principal Secretary , Higher Education Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur

¶86

----Respondents S.B. Civil Contempt Petition No. 1652/2017

¶87

Dr. Nitin Gupta S/o Shri Murti Manohar Gupta , aged about 28 R/o Plot No.110, Ambedkar Nagar, Uit Colony, Kunhandi, Kota.

¶88

Smt. Talvindwer Kaur W/o Shri Balvinder Singh , aged about 35 R/o 236, Shastri Nagar Dadabari, Kota.

¶89

Shri Satish Sharma S/o Shri Purushottam Sharma , aged about 33 R/o Behind Charbhuja Temple, Ladoliya Para, Bundi.

¶90

Monika Garg, D/o Shri Chhail Bihari Garg , R/o C/o Shri Suresh K Manglam And Company 186, Shopping Centre, Kota.

¶91

----Petitioners

¶92

Versus

¶93

Shri Rajhansh Upadhyaya Prinicpal Secretary , Higher Education Government Of Rajasthan, Governement Secretariat, Jaipur.

¶94

Shri Ashutosh A.t. Director Commissioner, College Education, Government Of Rajasthan , Shiksha Sankul, Jln Marg, Jaipur.

¶95

Shri Devendra Bhushan Gupta, Additional Chief Secretary, Department Of Finance , Government Secretariat, Jaipur.

¶96

State Of Rajasthan Through The Principal Secretary, Higher Education Department , Government Of Rajasthan, Government Secretariat, Jaipur.

¶97

----Respondents

¶98

S.B. Civil Contempt Petition No. 1653/2017

¶99

Dharamveer Meena, S/o Shri Babu Lal Meena , aged about 31 R/o Village And Post Teerath, Tehsil And District Bundi, Rajasthan.

----Petitioner

(6 of 17)

[CCP-1648/2017]

Versus

Shri Rajhansh Upadhyaya Principal Secretary, Higher Education Government Of Rajasthan , Government Secretariat, Jaipur.

¶105

Shri Ashutosh A.t. Director Commisioner, College Education, Government Of Rajasthan , Shiksha Sankul, Jln Marg, Jaipur.

¶106

Shri Devendra Bhushan Gupta, Additional Chief Secretary, Department Of Finance , Government Secretariat, Jaipur.

¶107

State Of Rajasthan Through The Principal Secretary, Higher, Educaton Department, Government Of Raj , Government Secretariat, Jaipur.

¶108

----Respondents

¶109

S.B. Civil Contempt Petition No. 1656/2017

¶110

Dr. Suresh K. Verma S/o Shri Ram Verma , aged about 42 R/o 1320, Barkat Nagar, Tonk Phatak, Jaipur.

¶111

Ashok Kumar Meena S/o Shri Ram Swaroop Meena , aged about 40 R/o 92, Bhagwati Nagar-Ii, Kartarpura, Jaipur.

¶112

Ram Prasad S/o Shri Hari Ram, B/c Meena , aged about 40 R/o Village And Post Mahawa, Tehsil Neem Kia Thana, District Sikar.

¶113

Shiv Lal Bairwa S/o Shri Unkarya , aged about 39 R/o Village Bairunda, Post Khidarpur, Tehsil Sapotra, District Karauli.

¶114

Rahul Kumar Meena S/o Shri Mool Chand Meena , aged about 34 R/o Village Post Sewa, Tehsil Gangapur City, District Sawai Madhopur.

¶115

Radha Krishan Meena S/o Ram Swaroop Meena , aged about 44 R/o Village Manya Ka Bas, Tehsil Kathumar, District Alwar.

¶116

Ram Raj Meena S/o Shri Lal Meena , aged about 38 R/o Sujanpura, Post Sharakar, Tehsil Todabhim, District Karauli.

¶117

Reeta Rani Raheja W/o Vikash Raheja , aged about 32 R/o 88, Setia Colony, Gali No. 10 Sriganganagar.

¶118

Asha Pandey D/o Mahesh Chand Pandey , aged about 36 R/o Plot No. 103/4, Lakhan Kokhri, Suraj Ram Ka Chowk, Ajmer.

¶119

Ritu Chunwal D/o Shri Amar Chand , aged about 35 R/o

¶120

(7 of 17)

¶121

[CCP-1648/2017]

¶122

419/30,.pratap Nagar, Meyo Link Road, Ajmer.

¶123

Vishal Tiwari S/o Shri Satyedra Kumar Tiwari , aged about 53 R/o 279/39, Tiwari Bhawan, Near Mount Merry School, Ashok Nagar, Subhash Nagar, Ajmer.

¶124

Smt. Amita Saraswat W/o Shri Ritesh Saraswat , aged about 33 R/o C-568, Azad Nagar, Bhilwara.

¶125

Rajveer Singh Meena S/o Shri Mangturam Meena , aged about 34 R/o Village And Post Guru, Tehsil Kathumar, Dist Alwar.

¶126

Sandeep Kumawat S/o Shri Dhannalal Kumawat , aged about 31 R/o 7, Dev Sadan, Ambeshwari Nagar, Nagar Palika Colony, Chittorgarh.

¶127

Narendra Kumar Pitaliya S/o Shri Manohar Lal Patiliya , aged about 31 R/o Village And Post Kuthwas, Via Bhindar, Tehsil Vallabhnagar, Distt. Udaipur.

¶128

Dr. Meenakshi Bohra W/o Mukesh Kumar Sharma , aged about 42 R/o Rajshree Colony, Road No. 3, Near Bohra Ganesh Mandir, Udaipur.

¶129

Kamini Rariya D/o Shri Ramswaroop Rariya , aged about 35 R/o House No. 396/32, Jawahar Jadugar Colony, Ajmer.

¶130

Marium Bano D/o Shri Maludeen Chungar , aged about 33 R/o Saroj General Store, High School Road, Sri Dungargarh, District Bikaner.

¶131

Mahendra Singh Meena S/o Ram Hans Meena , aged about 34 R/o Plot No. 117, Shiv Gorkshnagar, Model Town-C, Malviya Nagar, Jaipur.

¶132

Dr. Mahendra Kumar Sharma S/o Shri Rambabu Sharma , aged about 40 R/o Near Kushwah Dharmshala D.b.n. Path Krishna Colony, Bari, District Dholpur.

¶133

Dinesh Charan S/o Shri Karni Dan Charan , aged about 35 R/o Jaliwala Khurd, Post Nanam, Via Pipad City District Jodhpur.

¶134

Rakesh Verma S/o Shri Lalluram Verma , aged about 34 R/o 1/102, Housing Board, Dausa.

¶135

Chhotelal Balai S/o Shri Nahaya Ram Balai , aged about 32 R/o Village And Post Bijwar Naruka, Tehsil And District Alwar.

¶136

Madhu Sharma D/o Chandan Lal Sharma , aged about 35

¶137

(8 of 17)

¶138

[CCP-1648/2017]

¶139

R/o 260, Adarsh Colony, Kherli Phatak, Kota.

¶140

Vishal Kantia S/o Vinod Kumar Kantia , aged about 35 R/o Plot No. C-14, Patel Nagar, Deoli, Tonk.

¶141

Jai Prakash Verma S/o Shri Ramniwas Verma , aged about 29 R/o Village And Post Ghar, Tehsil Deoli, Tonk.

¶142

Mahendra Sharma S/o Shri Jagdish Lal Sharma , aged about 33 R/o Village And Post Ateva, Via, Keladevi, Distt. Karauli, Raj.

¶143

Dr. Alpana Vyas D/o B.d. Purohit , aged about 35 R/o C/o P.c. Vyas, 6-C-19, Pawan Puri, South Ext. Bikaner.

¶144

Sonal Patel W/o Shri Ramesh Chand Patel , aged about 35 R/o Village Mahida, Post Naya Gaon, Tehsil Kherwada, Dist. Udaipur.

¶145

Kamal Trivedi S/o Shri Mahesh Behari Trivedi , aged about 30 R/o Snehneed Dhundhla Via Sojat Road, Pali.

¶146

Shikha Gautam D/o Ram Dutt Sharma , aged about 29 R/o Bramano Ki Hathai, Tiwaripada, Bundi.

¶147

Dr. Alok Jain S/o Shri Ramesh Chand Jain , aged about41 R/o Pragati Nagar, Gali No. 4, College Road Banswara.

¶148

Santosh Gomtiwal D/o Shri Magan Lal Ji , aged about 38 R/o 7/4, Pandt Colony, Shastri Nagar, Jodhpur.

¶149

Yogesh Sharma S/o Premchand Sharma , aged about 32 R/o Vpo- Thalarka, Tehsil Nohar, Hanumangarh.

¶150

Snehlata Choudhary D/o Shri Bhagwana Ram Choudhary , aged about 35 R/o Behind Haryana House, Pawanpuri, Bikaner.

¶151

Bhanwar Lal Solanki S/o Loona Ram , aged about 31 R/o Vandp Bajju Tejpura, Tehsil Kolayat, Distt. Bikaner.

¶152

Yogendra Singh Sankhala S/o Shri Indra Singh Sankhala , aged about 31 R/o 239, Bapu Nagar Vistar Pali.

¶153

Sheilly Sharma D/o Shri Prem Kumar Sharma , aged about 33 R/o 320, Krishan Nagar, Bharatpur.

¶154

Neha Jain D/o Shri Padam Chand Godha , aged about 33 R/o House No. 48, Van Vihar Colony, Vaishali Nagar, Ajmer.

¶155

Atul Kumar Joshi S/o Shri Ashok Kumar Joshi , aged about 32 R/o Surya Villa, In Front Of Rseb, Shastri Nagar, Mandalgarh, Bhilwara.

¶156

Asif Hussain S/o Shri Mohammed Shabbier , 32 R/o

¶157

(9 of 17)

¶158

[CCP-1648/2017]

¶159

Behind Talkies, Choti Sadri, Pratapgarh, Rajasthan.

¶160

Rakhi Methi D/o M.c. Methi , R/o H.no. 45, aged about 30 New Kamla Udyan, Bundi Road, Kota.

¶161

Rachna Methi D/o M.c. Methi , R/o H.no. 45, aged about 30 New Kamla Udyan, Bundi Road, Kota.

¶162

Suresh Joshi S/o Tej Shankar Joshi , aged about 28 R/o Behind Kothari Talkies, V And P- Kanod, Tehsil Vallabhnagar, Udaipur.

¶163

Dr. Vinod Sharma S/o Rameshwar Lal Sharma , aged about 38 R/o Rampati Abhay Public School, Indira Colony, Karauli.

¶164

Manjul Mayank Dixit S/o Gopinath Sharma , aged about 33 R/o Dhanwantari Nagar, Nahar Road, Gangapur City, Distt. Sawaimadhopur.

¶165

----Petitioners

¶166

Versus

¶167

State Of Rajasthan Through Principal Secretary , Department Of Higher Education, Secretariat, Jaipur

¶168

Rajhans Upadhyay, Principal Secretary , Department Of Higher Education, Govt. Of Raj., Secretariat, Jaipur

¶169

Ashutosh A.t. Pednekar, I.a.s., Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul , J.l.n. Marg, Jaipur.

¶170

Devendra Bhushan Gupta, Additional Chief Secretary , Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur

¶171

----Respondents

¶172

S.B. Civil Contempt Petition No. 1665/2017

¶173

Radha Krishan Meena S/o Shri Ram Swaroop Meena , aged about 44 R/o Village Manya Ka Bas, Teh. Kathumar, Distt. Alwar

¶174

Basant Lal Bamaniya S/o Shri Jhalama Bhamaniya , aged about 41 R/o Village Hindaliya, Teh. Sagwara, Distt. Dungarpur

¶175

Veena Purohit W/o Dr. Sridhar Narayan Purohit , aged about 39 R/o Inside Idgah Basti, Dharam Nagar Dwar, Naya Sahar, Bikaner

¶176

Jyoti Saxena W/o Shri Ajay Saxena , aged about 42 R/o Infront Of Sardul Sport School, Behind Bidasar House,

¶177

(10 of 17)

¶178

[CCP-1648/2017]

¶179

New Gajner Road, Bikaner

¶180

Dinesh Charan S/o Shri Karni Dan Charan , aged about 35 R/o Jatiwada Khurd, Post Naman, Via Pipad City, Jodhpur

¶181

Bhanwar Lal Solani S/o Shri Loona Ram , aged about 31 R/o Village And Post Bajju Tejpura, Teh. Kolayat, Distt. Bikaner

¶182

Niti Bhatt D/o Shri Rajendra Bhatt , aged about 29 R/o Opposite Audichyawara School, Sirjwaw, Banswara

¶183

Suresh Joshi S/o Shri Tej Shankar Joshi , aged about 29 R/o Behind Kathari Talies, Village And Post Kanod, Teh. Vallabh Nagar, Distt. Udaipur

¶184

Asha Pandey D/o Shri Mahesh Chand Pandey , aged about 36 R/o Plot No. 103/4, Lakhan Kokhri, Suraj Ram Ka Chowk, Ajmer

¶185

Sonal Patel W/o Shri Ramesh Chand Patel , aged about 35 R/o Village Mahida, Post Naya Gaon, Teh. Kherwara, Distt. Udaipur

¶186

Atul Kumar Joshi S/o Shri A.k. Joshi , aged about 32 R/o Surya Villa, Rseb Shastri Nagar, Madangarh, Distt. Bhilwara

¶187

----Petitioners

¶188

Versus

¶189

Shri Rajhansh Upadhyaya Principal Secretary , Higher Education Government Of Rajasthan, Government Secretariat, Jaipur

¶190

Shri Ashutosh A.t. Director Commissioner , College Education, Govt. Of Rajasthan, Shiksha Sankul, Jln Marg, Jaipur

¶191

Shri Devendra Bhushan Gupta, Additional Chief Secretary , Department Of Finance, Govt. Secretariat, Jaipur

¶192

State Of Rajasthan Through The Principal Secretary , Higher Education Government Of Rajasthan, Government Secretariat, Jaipur

¶193

----Respondents

¶194

S.B. Civil Contempt Petition No. 1666/2017

¶195

Shiksha Gautam D/o Shri Ram Dutt Sharma , aged about 30 R/o Brarnano Ki Hathai, Tiwari Pada, Bundi.

¶196

Dr. Saroj Meena W/o Dr. Ram Dayal , aged about 39 R/o

¶197

(11 of 17)

¶198

[CCP-1648/2017]

¶199

664, Mahaveer Nagar-II, Kota.

¶200

Dr. Tripti Namdev, D/o Shri Radha Ballabh Chippa , aged about 34 R/o Mangalam Furniture, Panchmukhi Bala Ji Road, Jhalawar.

¶201

Neha Pali D/o Shyam Kumar Paliwal , aged about 32 R/o A-23, Opposite Kunhadi Police Station, Subash Nagar, Kunhadi, Kota.

¶202

Vandana Sharma W/o Shri Sanjay Sharma , aged about 41 R/o 491, Dadabari Kota.

¶203

Rekha Vishwakarma, D/o Shri Ghanshyam , aged about 32 R/o Vishwakarma Stores Industries, Bazar No. 3, Ramganj Mandi, Kota.

¶204

Dharmendra Kumar, S/o Shri Brij Mohan , aged about 35 R/o Shiv Nagar, Modak Village Tehsil Ramganj Mandi, Kota.

¶205

Dr. Santosh Gomtiwal, D/o Mangal Lal , aged about 35 R/o 7/4, Near Community Hall, Pand T Colony, Sashtri Nagar, Jodhpur

¶206

Dr. Chandan Prakash, S/o Kirta Ram , aged about 41 R/o Village And Post Rawar, Tehsil Bilara, Distt. Jodhpur.

¶207

Dr. Jetha Ram, S/o Shri Gulla Ram , aged about 37 R/o 320, Durgadas Colony, Masutia Jodhpur.

¶208

Dr. Arjun Lal Yadav, S/o Shri Foosa Ram , aged about 40 R/o Village Mehtabgarh Baba Ki Nimbari Post Dheerpura, Tehsil Balesar, Jodhpur.

¶209

Dr. Om Puri Swamy, S/o Shri Basant Puri Swamy , aged about 39 R/o Village And Post Narta, Thasil Bhinmal, Distt. Jalore.

¶210

Dr. Rajeev Chauhan, S/o Sangat Singh , aged about 38 R/o Kalyanpura Marg, No.4, Barmer

¶211

Dr. Ruchi Kulshratha, W/o Shri Vikash Kulshratha , aged about 35 R/o 16, Civil Lines, Om Kripa, Near Mana Bhanja Chauraha, Jhalawar.

¶212

Farsa Ram S/o Shri Gulla Ram , aged about 40 R/o Village And Post Sarana, Tehsil Balotra, Distt. Barmer.

¶213

Sunita Rathore D/o Sh. Giridhari Singh Rathore aged about 35, R/o P.s. Rajawat, D.c.m. I.g. Nagar, Kota.

----Petitioners

Versus

(12 of 17)

[CCP-1648/2017]

Shri Rajhansh Upadhyaya Principal Secretary, Higher Education , Government Of Rajasthan, Government Secretariat, Jaipur.

¶219

Shri Ashutosh A.t., Director Commissioner, College Education , Government Of Rajasthan Shiksha Sankul, Jln Marg, Jaipur.

¶220

Shri Devendra Bhushan Gupta , Additional Chief Secretary, Department Of Finance Government Secretariat, Jaipur.

¶221

State Of Rajasthan Through The Principal Secretary, Higher Education, Department , Government Of Rajasthan, Government Secretariat, Jaipur.

¶222

----Respondents

¶223

S.B. Civil Contempt Petition No. 1705/2017

¶224

Pankaj Kumar Mishra S/o Girdhari Lal Mishra , aged about 39 R/o Mishra Gali, Purana Sahar, Dholpur

¶225

Shikha Mathur D/o Shri Bhairu Narain Mathur , aged about 32 R/o A-368, Panchsheel Colony, Makarwali Road, Ajmer

¶226

Shikha Agarwal D/o N.k. Lohiya , aged about 32 R/o H.no. 228, Sector 4, Gandhi Nagar, Chittorgarh

¶227

Parsuram Dangi S/o Shri Rodilal Dangi , aged about 34 R/o Vandp Amirama, Teh. Badisadri, Chittorgarh

¶228

Dr. Mallika Bohara D/o Shri Fakruddin Bohra , R/o C/o Mahesh Photo Studio, Super Market, Dungarpur Raj.

¶229

Sachin Dixit S/o Hariom Dixit , R/o 44, aged about 30 Basant Vihar, Govardhan Vilas, Udaipur

¶230

Rajendra Kumar S/o Shri Laxmi Chand , aged about 33 R/o Plot No. 13, Om Colony, Ward No. 21, Behind Arya Shikshan Sasnthan, Churu

¶231

Smt. Manju Sharma W/o Shri Arvind Dixit , aged about 11 R/o Shiv Colony, Near Khandelwal Dharamshala, Jaipur Road, Gangapur City, Distt. Sawaimadhopur

¶232

Dr. Vishnu Prakash Joshi S/o Devi Lal Joshi , aged about 37 R/o Village Brahmino Ka Guda, Post Sapatia, Udaipur

¶233

----Petitioners

¶234

Versus

¶235

State Of Rajasthan Through Principal Secretary , Department Of Higher Education, Secretariat, Jaipur

¶236

(13 of 17)

¶237

[CCP-1648/2017]

¶238

Rajhans Upadhyay Principal Secretary , Department Of Higher Education, Govt. Of Rajasthan, Secretariat, Jaipur

¶239

Ashutosh A.t. Pednekar, Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul , J.l.n. Marg, Jaipur.

¶240

Prem Singh Mehra, Principal Secretary , Department Of Finance, Government Of Rajasthan, Secretariat, Jaipur

¶241

----Respondents

¶242

S.B. Civil Contempt Petition No. 1731/2017

¶243

Uttam Kumar S/o Shri Maak Chand Suman , aged about 32 R/o Gulistan Juice Center, Opposite Sun Floower Restaurant, Station, Road Kota Junction Kota.

¶244

Shiksha Sharma D/o Shri Dinesh Chand Sharma , aged about 32 R/o C/o Gulistan Juice Center, Station, Road, Kota Junction Kota.

¶245

Mohd. Afzal S/o Mustaq Ahed , aged about 36 R/o Badi Udai Tehsil Gangapurcity District Sawaimadhopur.

¶246

----Petitioners

¶247

Versus

¶248

Shri Rajhans Upadhay Through Additional Chief Secretary, Higher , Education, Department, Of Education, Secretariat, Jaipur.

¶249

Shri Ashutosh A.t. Pednekar, Commissioner, College Education, Government Of Rajasthan Shiksha Sanku

¶250

Prof. Dr. Jaspal Singh Sandhu, Secretary , University Grant Commission, New Delhi.

¶251

Dr. Sangeeta Juneja, Principal Government , Girls College Baran.

¶252

Dr. Anita Gupta, Principal Government Birla College, Bhawani Mandi , District Kota.

¶253

State Of Raj. Through Principal , Secretary, Education Department, Government Secretariat, Jaipur.

¶254

----Respondents

¶255

S.B. Civil Contempt Petition No. 1837/2017

¶256

Dr. Amita Mali D/o Dr. Nathu Ram Mali , aged about 37 R/o Lalawati Regidensi, 703, Mahaveer Nagar-II, Kota.

¶257

----Petitioner

¶258

Versus

¶259

State Of Rajasthan Through, Principal Secretary,

¶260

(14 of 17)

¶261

[CCP-1648/2017]

¶262

Department Of Higher Education, Secretariat, Jaipu

¶263

Rajhans Upadhyay, Principal Secretary, Department, Of Higher Education, Govt. Of Rajasthan, Secreta

¶264

Ashutosh A.t. Pednekar, Commissioner, College Education , Dr. Radha Krishan Shiksha Sankul, J.l.n. Marg, Jaipur.

¶265

Prem Singh Mehra, Principal Secretary, Department Of Finance, Govt. Of Rajasthan. Secretariat, Jaip

¶266

----Respondents

¶267

For Petitioner(s) : Mr.Lokendra Singh Shekhawat, Mr.Gaurav Sharma, Mr.Sunil Kumar Jain.

¶268

For Respondent(s) : Mr.Ashish Sharma on behalf of Mr.Rajendra Prasad, AAG.

¶269

HON'BLE MR. JUSTICE ALOK SHARMA

¶270

Order

¶271

13/07/2018

¶272

Non-compliance with the order dated 04.10.2016 in SBCWP No.6529/2014 and other connected matters is alleged in this contempt petition whereby the respondents were directed to pay salary by applying Regulation 13.1 of the University Grants Commission Regulations of 2010 (hereinafter ‘the Regulations of 2010’) to the petitioners, appointed on contract as Lecturers in the government colleges within a period of four months from the date of receipt of copy of the judgment.

¶273

Quite evidently as of today i.e. 13.07.2018 more than four months from the order dated 04.10.2016 have long passed. The respondents on a plain reading of the judgment and the admitted fact that the petitioners have not been given the benefit of Regulation 13.1 of the Regulations of 2010, would be in contempt. However they have the indulgence of the order dated 10.07.2018

¶274

(15 of 17)

¶275

[CCP-1648/2017]

¶276

passed by the Apex Court in Special Leave to Petition (c) No.3272/2018 titled The State of Rajasthan & Others Versus Pankaj Kumar Mishra and other connected matters where even while dismissing the Special Leave to Petition at the instance of the State Government, the Apex Court has granted four months time to make the requisite payments. That period expires on 09.11.2018.

¶277

Mr.Ashish Sharma appearing for Mr.Rajendra Prasad, AAG, counsel for the respondent submitted that processes are on for making requisite payments and granting benefit to the petitioners as directed by this Court’s order dated 4.10.2016. Compliance would now definitely made within four months.

¶278

Mr.Lokendra Singh Shekhawat, Mr.Gaurav Sharma and Mr.Sunil Kumar Jain appearing for the petitioners submitted that the matter be adjourned for a period of four months as indeed the respondents have time till 9.11.2018 to comply with the Court’s order. It was however submitted that the petitioners are presently not even being paid the meagre amount of Rs.7950/- per month which they were being earlier paid awaiting compliance with the Court’s order dated 4.10.2016.

¶279

Heard. Considered.

¶280

The facts of the case shock the court conscience. If lecturers even contractual are paid salary of Rs.7950/- per month it is not difficult to visualize their lack of commitment and teaching standards. That issue has fortunately finally been sorted out by the order of this court on 04.10.2016. Yet the powers that be contested it upto the Apex Court. The matter now stands finally decided against the respondents to whom the Apex Court under

¶281

(16 of 17)

¶282

[CCP-1648/2017]

¶283

its order dated 10.07.2018 has shown indulgence to comply with the order dated 04.10.2016 within four months.

¶284

Mr.Ashish Sharma counsel for the respondent has now, with all options running out, made the solemn statement on instructions that in terms of orders dated 10.07.2018 passed by the Apex Court in Special Leave to Petition (c) No.3272/2018 on 04.10.2016, this court’s order dated 04.10.2016 which has attained finality will definitely be complied with on or before 09.11.2018 and the petitioners will be given the due arrears as directed and thereafter be given the minimum in the pay scale for lecturers teaching at government colleges.

¶285

In view of the categorical statement of Mr.Ashish Sharma, I would dispose of these petitions holding the respondents firm to the statement made by their counsel that compliance with the order dated 04.10.2016 will be made on or before 09.11.2018. Non-compliance will entail compounded contempt by the respondents for which they will of necessity have to suffer the consequences in law. It is further directed that any due amount towards unpaid current salary otherwise payable to the petitioners be paid to them within a period of 7 days from the receipt of a certified copy of this order.

¶286

The contempt petition is accordingly disposed of.

¶287

The petitioners shall however be at liberty to move an application for revival of this contempt petitions in the event the benefit of Regulation 13.1 of the Regulations of 2010 is not given to them on or before 09.11.2018 and/or they are not paid arrears of due current salary as directed above.

¶288

A copy of this order be furnished to the Chief Secretary, Principal Secretary, Higher Education, Director (Commissioner),

¶289

(17 of 17)

¶290

[CCP-1648/2017]

¶291

College Education and Additional Chief Secretary, Department of Finance to ensure strict compliance with the order dated 04.10.2016 on or before 09.11.2018 in terms of the time granted under Apex Court’s order. Delay beyond the said period, will not be countenanced for any reason at all.

¶292

A copy of this order be furnished to Mr.Ashish Sharma appearing for Mr.Rajednra Prasad, AAG counsel for the respondent for onward transmission and compliance.

¶293

A copy of this order be placed in each connected contempt petition.

¶294

(ALOK SHARMA),J

¶295

Karan/100-114

Dr Amita Mali v. State of Raj and Ors.

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Dr Amita Mali v. State of Raj and Ors.

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