Rajasthan High Court
Smt. Kailash Sharma Wife Of Yogesh ... vs Shri Pawan Kumar Goyal on 4 January, 2023
Bench: Manindra Mohan Shrivastava, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 1228/2022
In
D.B. Civil Special Appeal (Writ) No. 663/2015
Smt. Kailash Sharma Wife of Yogesh Chandra Sharma, Aged
About 73 Years, Resident Of 504, Crown Plaza Residency
Amrapali Road, C-Block C, Vaishali Nagar, Jaipur Rajasthan.
----Petitioner
Versus
1. Shri Pawan Kumar Goyal, Additional Chief Secretary,
Education Department, Secretariat, Jaipur, Rajasthan.
2. Shri Gaurav Agrawal, Director of Secondary Education,
Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Shri Rajnikant Patel, Secretary Managing Committee, Shri
Kashibai Chhaganlal Jawari Senior Secondary School C
Scheme Jaipur Rajasthan.
4. State of Rajasthan, Through Its Additional Chief
Secretary, Secondary Education, Secretariat, Jaipur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. D.P. Sharma, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
04/01/2023
Heard.
After hearing learned counsel for the petitioner 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
(2 of 3) [CCP-1228/2022]
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
entitle to, have not been released, this Court may take a very
serious view of the matter and erring officials will have to be
(3 of 3) [CCP-1228/2022]
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 /4
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