Mrs. Deepa Dattu Patil vs Mr. Kiran Anant Lohar (Education ...
2021 Latest Caselaw 17873 Bom

                Digitally signed by NISHA
NISHA SANDEEP   SANDEEP CHITNIS
CHITNIS         Date: 2021.12.23 16:11:00
                +0530




                                                                                              26-cp.112.2020.doc


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                 CONTEMPT PETITION NO.112 OF 2020
                                                               IN
                                                   WRIT PETITION NO.9825 OF 2013

                            Deepa Dattu Patil                                ...Petitioner
                                Versus
                            Kiran Anant Lohar and Ors.                       ...Respondents

                            Mr. Meelan S. Topkar a/w Ms. Pavitra Mahesh, for the Petitioner.

                            Ms. S. S. Bhende, AGP for Respondent Nos.1 and 2.

                            Mr. Amar Bodke i/b Mr. M. V. Thorat, for Respondent No.4.

                                                        CORAM:      R. D. DHANUKA AND
                                                                    R. N. LADDHA, JJ.

                                                       DATE :      22nd DECEMBER, 2021
                            P.C. :

1. Leave to amend is granted to amend the address and

description of the respondent No.1. Amendment to be carried out forthwith.

Re-verification is dispensed with.

2. Mr. Topkar, learned counsel for the petitioner invited our

attention to the judgment dated 30th November 2018 passed by the Division

Bench of this Court in Writ Petition No.9825 of 2013, filed by the

N. S. Chitnis 1/3 26-cp.112.2020.doc

petitioner, thereby directing the respondent Nos.1 and 2 in the Contempt

Petition to approve the appointment of the petitioner as Full Time Assistant

Teacher with effect from June 1997 and to release the arrears of salary and

all the incidental benefits accruing from such regularization and to direct

the same to be released in favour of the petitioner within a period of three

months from the date of the said judgment. This Court also directed the

respondents to pay regular salary to the petitioner as the Assistant Teacher

on regularizing her services in the said capacity. The learned counsel

invited our attention to the correspondence annexed at Exhibit 'B' to the

petition and would submit that the respondent No.1 has deliberately not

complied with the judgment passed by this Court. A perusal of the

correspondence annexed at Exhibit 'B' to the petition, prima facie indicate

that the respondent No.1 has deliberately and intentionally, not complied

with the judgment dated 30th November 2018, passed by this Court in Writ

Petition No.9825 of 2013.

3. Office is accordingly directed to issue notice against the

respondent No.1, to show-cause under the provisions of Contempt of Courts

Act, 1971 read with Article 215 of the Constitution of India, as to why

N. S. Chitnis 2/3 26-cp.112.2020.doc

appropriate action under the provisions of the said Act and the Constitution

of India, should not be initiated against the respondent No.1, for wilful

disobedience of the judgment dated 30th November 2018, delivered by this

Court in Writ Petition No.9825 of 2013 filed by the petitioner, returnable

on 10th January 2022.

4. The present incumbent in the office having been appointed in

place of the respondent No.1, shall comply with the said judgment dated

30th November 2018, passed by this Court in Writ Petition No.9825 of 2013

without fail, before the next date.

                [ R. N. LADDHA, J.]                           [R. D. DHANUKA, J.]




N. S. Chitnis                                                                            3/3