CLCON/452/2017
2021 Latest Caselaw 1249 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 31ST DAY OFMARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION No. 452 of 2017
BETWEEN:

Smt. Haripriya Rautela                   ...Petitioner
     (None present for the petitioner)

AND:

Mr. Chandra Shekar Bhatt & others        ...Respondents

    (Mr. J.S. Bisht, learned Standing Counsel for 1 to
4 and Mr. Ashish Joshi, Advocate for respondent no.
5)


                      JUDGMENT

WPSS No. 1632 of 2016 filed by the petitioner was disposed of in terms of judgment dated 20.06.2012 rendered by Full Bench of this Court in WPSB No. 55 of 2011. The operative portion of the Full Bench judgment reads as under:-

"In view of the aforesaid, the writ petition is allowed. A writ of mandamus is issued to the State respondents to pay to the petitioner's the salary of the post of Principal from the date when the petitioners took charge as Officiating Principal in the institution concerned. Such arrears of salary shall be paid to the petitioners within three months from the date of production of certified copy of this order. In the circumstances of the case, parties shall bear their own cost."

2. A compliance affidavit has been filed by Director, School Education, Uttarakhand. Para 3 of the said compliance affidavit is reproduced below:-

"3. That in compliance of the order dated 27.03.2017 passed by this Hon'ble Court in writ petition no. 1632 (S/S) of 2016 (Smt. Haripriya Rautela Vs. State of Uttarakhand and others), the office of the Chief Education Officer Nainital/respondent no.4, calculated the total amount of arrears of the period between 01.06.2009 to 31.03.2012 on the basis of grade pay of Rs. 7600/-, which has to be paid to the petitioner, is calculated to Rs. 2,70,361/- and after deducting the income tax of Rs. 27036/- the remaining amount of Rs. 2,43,325/- has been paid to the petitioner vide Cheque no. 010101 dated 02.11.2017. In this connection copy of the Cheque no. 010101 dated 02.11.2017 is being annexed herewith and marked as Annexure C.A.-1 to this affidavit."

3. No rejoinder affidavit/objection to the compliance affidavit has been filed by the petitioner.

4. Since the only direction was to pay the salary along with arrears for the post of Officiating Principal and as per the averments made in the compliance affidavit, entire monetary dues have been paid to the petitioner, in such view of the matter nothing survives in this contempt petition.

5. Accordingly, contempt petition is dismissed. Notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Aswal