Smt. Seema Rani vs Satendra Kumar Dhaka, District ...
2023 Latest Caselaw 13905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3127 of 2020
 
Applicant :- Smt. Seema Rani
 
Opposite Party :- Satendra Kumar Dhaka, District Basic Education Officer And Another
 
Counsel for Applicant :- Devendra Kumar Shukla
 
Counsel for Opposite Party :- Shivam Yadav
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard learned counsel for the applicant and Sri Shivam Yadav, learned counsel for the opposite party.

Learned counsel for the applicant states that order of writ Court dated 14.02.2013 passed in Civil Misc. Writ Petition No. 8112 of 2013 has not been complied with and the salary of the applicant has been stopped since 17.09.2019.

Sri Shivam Yadav, learned counsel for the opposite party states that applicant's petition along with other matters were tagged with Writ-A No. 66745 of 2012, Neeta James vs. State of U.P., which was the leading case. Somehow, the case of the applicant was de-listed and the other matters were decided by the writ Court on 17.09.2019, wherein the writ Court held that the salary from the State exchequer shall not be paid to the teachers of the Institution known as Church City Junior High School, Sadar Meerut, Meerut and the management shall pay salary to untrained teachers.

According to him, the applicant is also untrained teacher in Church City Junior High School, Sadar Meerut, Meerut and her writ petition is still pending. The other teachers of the Institution whose writ petition was decided way back in the year 2019 have filed special appeal in which no interim order has been passed and the special appeal is still pending consideration.

This Court finds that once the entire bunch of matters of the same Institution where the issue in regard to payment of salary to untrained teachers was under consideration before the writ Court was decided by judgment dated 17.09.2019 and it was held that the teachers were not entitled to salary from State exchequer and it was Management of the Institution who will pay salary, no case for contempt is made out.

The contempt application is misconceived and is hereby dismissed.

Contempt notice stands discharged.

However, leaving it open to the applicant to pursue her writ petition before the writ Court.

Order Date :- 2.5.2023

V.S.Singh