Rajasthan High Court
Govind Singh Godara S/O Narayan ... vs State Of Rajasthan on 19 December, 2022
Bench: Manindra Mohan Shrivastava, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 1084/2022
1. Govind Singh Godara S/o Narayan Ram, Aged About 52
Years, R/o Fatehpur Shekhawati, District Sikar. Presently
Posted As Teacher Grade-II At Govt. Senior Secondary
School Kayamsar, Sikar.
2. Nisha Sharma D/o Mohan Lal, Aged About 59 Years,
Presently Posted As Vice Principal At Govt. Senior
Secondary School Bagdora, Sikar.
3. Smt. Vinod Rathore W/o Vijay Singh, R/o New Sadak,
Churu, District Churu, Retired As School Lecturer.
4. Smt. Santosh Sharma D/o Mahadev Prasad, R/o Fatehpur
Shekhawati, District Sikar, Retired As Lower Division
Clerk.
5. Mool Chand Mali S/o Karni Ram, R/o Opp. Seth R.N. Ruiya
Balika Madhyamik Vidyalay Ramgarh Shekhawati, District
Sikar, Retired As Class-IV Employee.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Education, Govt. Secretariat, Rajasthan,
Jaipur.
2. Mr. Narendra Singh, Secretary, Seth R.N. Ruiya Balika
Madhyamik Vidyalay, Ramgarh Shekhawati, District Sikar.
3. Mr. Gaurav Agarwal, Director, Secondary Education,
Rajasthan, Bikaner.
4. Mr. Ramchandra Pilaniya, District Education Officer,
Secondary Education, Sikar.
----Respondents
For Petitioner(s) : Mr. Lokesh Kumar Sharma, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
19/12/2022
(2 of 3) [CCP-1084/2022]
Heard.
After hearing learned counsel for the petitioners and going
through the background of the case in which various orders came
to be passed by this Court as also a detailed common order
passed by this Court on 01.12.2021 in D.B. Civil Contempt Petition
No. 740/2016 and batch of contempt petitions arising out of the
similar issue, at present, instead of initiating contempt
proceedings against the respondents, we are inclined to dispose
off this contempt petition also on the similar lines as the order
passed on 01.12.2021 in D.B. Civil Contempt Petition No.
740/2016 and batch of contempt petitions with following
directions:-
1. It shall be an obligation on the part of the Director of
Secondary Education to immediately release the dues payable to
the petitioners as per the directions issued by this Court from time
to time and the directions which have already been issued by the
Hon'ble Supreme Court on 09.09.2021 in the case of State of
Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal
(C) No. 13791/2019, wherein, the Hon'ble Supreme Court had
directed compliance to be made within a period of eight weeks.
2. A brief, but clear order regarding compliance of the order in
respect of each of the contempt petitioners will have to be passed
by the concerned Directorate within a period of ten weeks from
today.
3. The orders in respect of each of the contempt petitioners,
which are required to be passed clearly stating compliance of the
order, shall be reported directly to the Registry of this Court,
which shall be placed before this Court under a separate
registered case.
(3 of 3) [CCP-1084/2022]
4. With the aforesaid observations and directions, this contempt
petition, at this stage, is disposed off, however, with liberty to
revive, if any grievance still remains unredressed.
We must make it absolutely clear that if ultimately we find
that despite the order, the benefits, which the petitioners were
entitle to, have not been released, this Court may take a very
serious view of the matter and erring officials will have to be
proceeded against strictly in accordance with law resulting in all
serious consequences, which the case may deserve.
All the authorities including the Secretariat of the
Department of School Education as also the private school
education officials shall be under an obligation to provide
necessary information, if any, demanded by Directorate of
Secondary Education, towards compliance of the order of the
Court. Non-cooperation shall be treated as an act of over reaching
the order of the Court.
(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /13
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