Allahabad High Court
Vachaspati Tiwari vs Sri Onkar Rana, District Inspector Of ... on 14 November, 2024
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:75271
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3370 of 2024
Applicant :- Vachaspati Tiwari
Opposite Party :- Sri Onkar Rana, District Inspector Of Schools, Pratapgarh
Counsel for Applicant :- Mahendra Pratap Singh,Ranjit Singh
Hon'ble Manish Kumar,J.
Heard.
Present contempt petition has been preferred for non-compliance and wilful disobedience of the interim order dated 07.08.2024 passed in Writ A No. 6249 of 2024 whereby this Court has granted benefit of para nos. 21 and 22 of the interim order dated 04.01.2024 passed in bunch of writ petitions leading one Writ A No. 21492 of 2023 (Vinod Kumar Srivastava Vs. State of U.P. and others). For convenience, the relevant extract of the interim order dated 07.08.2024 passed in Writ A No. 6249 of 2024 preferred by the applicant is quoted hereinbelow:-
"4. It is contended that the present petitioners are still working and are being paid salary and the controversy relating to government order dated 09.11.2023 is already engaging of this Court in a writ petition being Writ-A No.21492 of 2023 in which a detailed order has been passed protecting interest of such teachers and lecturers.
5. Learned Standing Counsel could not dispute the above legal and factual position.
6. Pleadings may be exchanged in the meantime.
7. Interim order granted therein shall also cover this case particularly indicated in paragraphs 21 and 22 thereof.
8. Connect and list alongwith Writ A No.144 of 2024."
For convenience, the para nos. 21 and 22 of the judgment and order dated 04.01.2024 passed in bunch of writ petitions being leading one Writ A No. 21492 of 2023 is reproduced hereinbelow:-
"21. In the meanwhile until further orders it is also provided that services of such ad hoc teachers will not be dispensed with without leave of the Court. They shall be continued to perform duties and paid salary.
22. It is clarified that this order will operate only in respect of all those teachers who have been appointed under the Second Removal of Difficulties Order framed under the Act No.5 of 1982 Act and Section 18 of the said Act and Rule 15 of U.P. Secondary Education Services Commission Rules 1995 and are seeking regularization taking aid of Section 33-B, C, F and G of the Act of 1982. "
On being asked from learned counsel for the applicant as to whether the applicant is working as ad-hoc teacher or his services has been dispensed with, learned counsel for the applicant has very fairly submitted that he is continuing in service and his services has not been dispensed with.
The second query put to the learned counsel for the applicant is that as to whether the applicant has been paid salary or not after the passing of the interim order dated 07.08.2024, he has fairly submitted that after 07.08.2024, the salary has been paid to the applicant regularly every month but the arrears since 09.11.2023 to the August, 2024 has not been paid to the applicant.
Perusal of the interim order dated 07.08.2024 shows that there is no direction by the Writ Court for payment of arrears of salary and the matter is still sub-judice and pending before the Writ Court.
From the aforesaid facts, it is found that no contempt is made out against the respondent rather the interim order dated 07.08.2024 has been complied with hence the present contempt petition is dismissed.
Notice issued, if any, stands discharged.
Order Date :- 14.11.2024
Ashish
