DIGAMBAR TUKARAM NARNAVARE Vs. SHASHIMOHAN NANDA & ORS

JUDGEMENT

(1.) Petitioner - Digambar Narnavare an Assistant Teacher in the employment of the Municipal Council, Narkhed has filed this Petition under Section 12 of the Contempt of Courts Act, pointing out violation of the directions issued by the Division Bench on 23.01.2003 in Writ Petition No.3939/2002. By the said order this Court directed the Deputy Director of Education, Nagpur Division, Nagpur to decide the controversy presented to it in Writ Petition within three months from the date of receipt of writ by the said Authority. The controversy therein was about entitlement to receive graduate payscale.

(2.) After the above directions were issued on 23.01.2003 and before expiry of the period of three months on 13.3.2003 the Chief Officer of Municipal Council issued order in favour of Sau. Sarode granting her graduate pay scale. That was pursuant to the resolution no.33 dated 11.03.2003 passed by the then body of the Municipal Council. This was treated as contempt and the present petition was filed. The Municipal Council filed reply and in the course of hearing, this court also directed the contempt petitioner to join all the members who passed the said resolution no.33 as party to the contempt petition. Accordingly they have been joined as respondents.

(3.) However, after realizing the mistake the Chief Officer of Municipal Council stayed the order dated 13.03.2003 granting graduate pay scale to Sou. Sarode by its order 27.03.2003 and the said order was also quashed. In the meanwhile the Deputy Director of Education heard the respective parties and found that the contempt petitioner Shri Digambar Naranavare was entitled to receive graduate pay scale prior to Smt. Sarode. He found the Assistant Teacher Sou. Pushpa Gurnule most eligible and showed her at Sr.No.1. The contempt petitioner was shown at Sr.No.2, Shri Malkhede was shown at Sr.No.3 and Sou. Meenaxi Sarode was shown at Sr.No.4. It is not in dispute that the person at Sr.No.1 Sou. Pushpa Gurnule has already retired on attaining superannuation. In the circumstances, better claim is of Shri Narnavare.