Rajasthan High Court
Smt. Pushpa Madan W/O Sh. Narendra ... vs State Of Rajasthan on 4 November, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 518/2022
In
D.B. Civil Special Appeal (Writ) No. 663/2015
Smt. Pushpa Madan W/o Sh. Narendra Kumar Madan, Aged
About 63 Years, R/o E/115, Siddarth Nagar, Near Ghiya Hospital,
Malviya Nagar.
----Petitioner
Versus
1. State Of Rajasthan, Through Additional Chief Secretary-
Sh. Pawan Kumar Goyal, Department Of School,
Education And Language, Government Secretariat, Jaipur.
2. Sh. Gaurav Agarwal, Director Of Secondary Education,
Directorate Of Secondary Education, Bikaner, Rajasthan.
3. Managing Committee, Guru Nanak Dev Senior Secondary
School, Adarsh Nagar, Jaipur, Through Its Secretary.
----Respondents
For Petitioner(s) : Mr. Javed Khan, Advocate
For Respondent(s) : Mr. S.S. Raghav, AAG for Respondent
Mr. Nitesh Pareek, Advocate for
Respondent No.3
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
04/11/2022
Mr. S.S. Raghav, learned Additional Advocate General
appears on behalf of Respondent No.1 & 2 and Mr. Nitesh Pareek,
learned counsel appears on behalf of Respondent No.3.
Heard.
After hearing learned counsel for the petitioner and going
through the background of the case in which various orders came
(2 of 3) [CCP-518/2022]
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 petitioner 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
will have to be passed by the concerned Directorate within a
period of ten weeks from today.
3. The order which is 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.
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 petitioner was
(3 of 3) [CCP-518/2022]
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.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /41
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